When do the design obligations under the Data Act apply?

Transitional period

The EU Data Act, which becomes applicable on 12 September 2025, introduces a wide-ranging legal framework aimed at ensuring fair access to data generated by connected products and related services. One of its most significant provisions is Article 3(1), which mandates that connected products and related services must be designed and manufactured in a way that allows users to access the data they generate in a secure, comprehensive and machine-readable format.

However, Article 50 of the Data Act postpones the application of this design obligation. Specifically, it states that Article 3(1) shall only apply to connected products and the services related to them that are placed on the market on or after 12 September 2026. This one-year delay gives rise to important compliance questions for businesses, particularly those that currently offer or plan to introduce connected products in the EU.

‘Placing on the market’

To fully grasp the impact of this transitional rule, it is essential to understand the concept of 'placing on the market' (Article 2(22)). The Data Act adopts the standard definition used in EU product legislation. It refers to the first time an individual unit of a product is made available on the EU market, whether through sale, transfer of ownership, or other means, after the manufacturing stage. Importantly, this concept applies to each individual product unit, not to an entire product model or type.

This interpretation is supported by the European Commission’s Blue Guide on the implementation of EU product rules. The guide confirms that placing on the market occurs only once per individual product unit and only at the first moment it enters the EU market. Distribution in multiple Member States does not constitute repeated placement.

Product units and related services

In practical terms, this means that if a company sells units of a connected product before 12 September 2026, those particular units do not need to meet the Article 3(1) design obligations. However, any unit that is placed on the market on or after that date, regardless of the product's launch date, must comply. Businesses therefore do not need to retroactively redesign or update products that have already been sold, but must ensure compliance for every individual unit made available from that date onwards.

The same rule applies not only to connected products but also to related services. These are services that interact with or complement the functioning of the connected product, such as software updates, remote diagnostics, data analytics dashboards or mobile apps that control the device. If these services are provided or made available on or after 12 September 2026, they must also be designed to allow seamless and secure user access to the generated data.

Preparation

To prepare for this change, companies should take proactive steps. First, it is crucial to closely monitor which in-scope units are placed on the market and when, including clear documentation of distribution channels. Second, product design teams should ensure that new devices and digital services meet the requirements for data accessibility, including technical means such as secure APIs, standardised export formats and proper authentication procedures. Third, businesses should revise user documentation and service agreements to reflect the new obligations and communicate transparently with customers.

This one-year transitional period offers a valuable window to adapt internal systems, product roadmaps and compliance processes. It should not be seen as a reason to delay preparation. The rules will be enforced from 12 September 2026, and any newly marketed device or service after that date must be compliant.

Conclusion

In conclusion, Article 50 provides legal clarity on when the Article 3(1) design obligation takes effect. It gives businesses the time to act, but also establishes a clear and binding deadline. Organisations involved in smart devices, industrial IoT, consumer electronics or connected services should take this moment to ensure that their offerings are not only technically ready, but also legally aligned with the emerging rules of Europe’s data economy.