Type approval of motor vehicles regarding access to in-vehicle generated data

This consultation should seek to identify means to align the horizontal and sectorial EU with the UNECE Regulations 155 and 156 on cyber security and software update management system. Specifically, directives 2014/53/EU and (EU) 2019/2144 should fully align with the network and cyber security provisions laid down by the aforementioned UN vehicle regulations.

Dear Sir/Madam - On behalf of the American Automotive Policy Council, attached please find our comments to the European Commission draft Call for Evidence on the sectoral rules governing access to vehicle data, functions and resources under the EU Data Act. If you have any questions regarding our submission or the transmission thereof, please contact me at the email address below.

ADPA, whose Members provide essential information for a vast majority of European workshops, warmly welcomes the initiative to legislate on the crucial issue of access to in-vehicle data, functions and resources.

The aftermarket and mobility services ecosystem is a major part of the automotive industry, accounting for 4.5 million European jobs and providing essential services ensuring safety & compliance of the 340 million vehicles on European roads. The independent service providers (ISPs) in the sector are all in direct competition with OEMs for the provision of services.

The Vehicle Leasing Business Council, formed by Arval, LeasePlan and ALD Automotive, has prepared the attached Position Paper, setting out its views in response to the European Commission's call for evidence on access to vehicle data, functions and resources.

Bitkom welcomes the EU Commission's initiative with the aim to facilitate the use of data for a smarter, safer, and sustainable mobility ecosystem. However, we would like to also underline that relying on market principles will be key to fostering the enormous potential of data-driven solutions in the field of mobility.

The European Recycling Industries' Confederation - EuRIC - represents Authorised Treatment Facilities (ATFs) and the vast majority of ELV recycling facilities (shredders and post-shredder installations) which recycle ELVs in Europe.

Executive summary: This public consultation relates to the conditions for accessing and using in-vehicle generated data, with the aim to enable clear and competition-friendly EU rules for services that are based on access to car data. The consultation points out four examples of such services, namely, repair and maintenance, car sharing, mobility as a service and insurance.

Fastned welcomes the European Commission consultation on access to vehicle data, functions and resources and attaches a position paper with our contribution to the discussion. Fastned strongly emphasises the importance of industry-wide equal access to in-vehicle data in ensuring the future of innovation and quality service for all electric vehicle drivers.

We welcome this initiative as many drivers are not informed that their connected cars silently store or record a large amount of sensitive personal data. A lot of personal data is copied into the infotaiment of the car console once the smartphone is connected to the car. Furthermore, telematic data from hundreds of sensors and cameras can become a tracking device if the vehicle has built-in internet connections.

Filed in Czech · English published by the European Commission

STAPL welcomes the Comission’s consultation process relating to vehicle data. The research project STAPL - Data Governance und Standardisierung für Fahrzeugdaten-Plattformen (stapl-mfund.de) is funded by the German Ministry for Digital and Transport. Its focus is the generation, processing and harmonization of vehicle data extracted from public transport buses.

Customers are not aware of what amount of personal data is copied into the car console as soon as any smartphone is attached to the car. Cars collect more data than our smartphones and share it with third parties if the vehicle has a built-in internet connection. An overall consumer profile is created and passengers can see targeted advertising for the “driver’s seat or passenger”.

Filed in Slovak · English published by the European Commission

We "Europeans for Safe Connections" welcome this initiative because many drivers are not informed that their connected cars store or record so much data quietly, often inadvertently including very sensitive personal information. A lot of personal data is copied to the car's infotainment console as soon as any smartphone is interconnected to the car.

As Europe’s leading independent location technology specialist, TomTom appreciates the opportunity to provide feedback to this call for evidence for an impact assessment on access to in-vehicle data. TomTom welcomes additional sector-specific legislation regulating access to in-vehicle data, as the Data Act is too general to sufficiently cover the complexity of a product such as a connected car.

Although this consultation concerns access to vehicle data and not aircraft data, reading the comments showed that in both modes of transport (road and air) the issues are the same. A4E fully supports the European Commission’s approach to the Data Act to allow for open access to data generated by the use of connected products by airlines, aircraft operators and Maintenance, Repair and Overhaul (MRO) organisations.

EGEA, The European Garage Equipment Association welcomes the principles of the upcoming Data Act, including the right of users to access and assign the data to 3rd parties. Complementary automotive rules, including equal access to data, functions, and resources, as available to the VMs, rights of service providers to the info, tools and resources required to develop a means of access are vital.

We support the EU Commissions initiative on access to vehicle data and resources. However, it is essential that all data related to a vehicles maintenance history and any type of data that is crucial to consumers/car owners in relation to ownership, sale or purchase must be available in the manufactures database at no cost to car owners, independent workshops and independent operators operating within this area for…

Independent Garage Association (IGA) response to EU call for evidence for an impact assessment on access to vehicle data, functions and resources. IGA position: The IGA fully support the European Commission’s statement that access to data, functions and resources is crucial for the development of innovative data-driven mobility services.

To deliver a high-quality service to users, recharging service providers have to access electric vehicles (EVs) data, including battery capacity, battery state-of-charge, charging ramp-rate and customers preferences. The equal access rights to functions ensure the same tools are available to all market participants, enabling them to provide users with competitive services (e.g.

BEUC reaffirms the urgent need for a strong regulatory framework on access to vehicle data, functions and resources. The problems are well identified and have been presented to the Commission on several occasions, notably during a wokrshop on 17 September 2021. We provide a detailed feedback in the document attached.

1. Creation of an Automotive Forum that consists of all the automotive players thus promoting a balanced and fair decision-making process. 2. One of the priorities of the Automotive Forum shall be the focus on providing a level playing field. 3. The user of the vehicle must be seen as the “owner” of the data generated by the vehicle. 4.

Our shop is present in France, Spain and Portugal. We have a total of 458 multi-brand car maintenance and repair centres in Europe, with branch and franchising networks. We host a total of 9 million clients per year. The group had a turnover of approximately EUR 800 million net in 2021. Data as of 30 September 2021.

Filed in French · English published by the European Commission

ACP is a Portuguese mobility club that provides several services to its members, such as roadside assistance and repair and maintenance. However, as a service provider, ACP faces some challenges when trying to improve and deliver smart and quick solutions in situations relating to assistance and remote repair and maintenance.

CECRA welcomes the initiative of the European Commission for sectoral legislation on access to vehicle data, functions and resources. With the introduction of the draft Data-Act on February 23rd, 2022 “COM (2022) 68 final; 2022/0047 (COD)” on access to data, the Commission has setup a positive framework to build on the sectoral legislation for the Automotive sector.

The GTÜ Gesellschaft für Technischeaufsicht mbH is the largest officially recognised motor vehicle monitoring organisation in Germany and is therefore one of the largest expert organisations. Two of our main business areas are technical vehicle monitoring under the regulatory framework of Directive 2014/45 and approval assessments on the basis of Regulation (EU) 2018/858.

Filed in German · English published by the European Commission

Today’s car industry has made a tremendous shift towards Software Defined Vehicles (SDV), generating a market of connected and automated cars that rely on large amounts of data to provide innovative products and services to drivers.

DEKRA is an international testing, inspection, and certification company, which employs almost 48,000 people in over 60 countries on all six continents. One of DEKRA's core activities is performing periodic roadworthiness inspections on behalf of public authorities and by that ensuring that vehicles remain safe and compliant throughout their whole life.

We are in principle in line with CITA aisbl and welcome the European Commission's initiative to address the issues of access to vehicle data, functions and resources. Due to the significant impact of the Data Act on the mobility ecosystem, we support the intention of the EU Commission to include specific provisions in the EU type approval regulations for the automotive sector.

ECOS welcomes the Commission’s initiative to further regulate access to vehicle data. This is key to avoid vendor lock-in while Europe transitions to electrified mobility and to facilitate services such as smart charging needed for the electricity grid to handle the rise of electric vehicles (EVs).

CONFEBUS takes note of this initiative aimed at facilitating access to data, their functions and vehicle resources by users, as well as the right to share these with third parties. Compared to other sectors, transport is one of the most affected by digital transformation.

In principle, we welcome the facilitation of innovative services in the transport sector. It is important, however, that the vehicle owner always has an easy to implement, clearly communicated and traceable OPT-OUT. In this context, we are also engaged in intensive exchanges with our European umbrella and sister associations (e.g.

Filed in German · English published by the European Commission

TÜV Verband e.V. in line with CITA aisbl welcomes the initiative of the European Commission to tackle the issues of accessing vehicle data, functions and resources. Due to significant impacts of the Data Act on the mobility ecosystem, we support the intention of the EU Commission, in line with recital 3 of the Data Act, to adopt specific provisions within the EU type-approval regulations for the automotive sector.

Dear Sir or Madam, with regard to the initiative on access to vehicle data, functions and resources, we would like to provide the following feedback to the Bundesverband Frei Automobil-Händler e.V. (BVfK). The BVfK is registered under registration number 489031346781-01 in the Transparency Register for interest representation vis-à-vis the European Commission.

Filed in German · English published by the European Commission

Option 3 is the only one able to meet the initial objectives described in the previous section. Only the definition of governance rules will achieve a level playing field that can safeguard a balance in our current fragile economic ecosystem. In the above options, control over data lies with vehicle manufacturers, allowing them to make decisions about the market and consumers as they see fit.

Filed in Spanish · English published by the European Commission

CETRAA welcomes the European Commission’s initiative on legislation on access to vehicle data, functions and resources. With the introduction of the Data Act on 23 February 2022 “COM (2022) 68 final; 2022/0047 (COD)” on access to data, the Commission has defined a favourable outline for working on specific legislation for the automotive sector.

Filed in Spanish · English published by the European Commission

ANEC submits this feedback in response to the call for evidence on the topic of vehicle data, functions, and resources, published by the European Commission on March 29th. Today’s smart mobility (mobility devices and software) gathers a great amount of user and usage data which is currently limited or even not accessible to third parties, including users.

The provisions of the proposed Data Act are comprehensive and also concern the use of data from vehicles. However, they need to be specified for the vehicle sector if they are to produce the desired effects in practice.

Filed in German · English published by the European Commission

Taking into account the fact that the applied regulations can range from the remote data access from a vehicle (remote diagnosis and, subsequently, operational, battery Recharge evaluation with the road conditions,...) to even the ability of Interacting with the functions and resources of those vehicles (door opening), the peculiarity of the Armed Forces vehicles must be considered, on the question of security, as…

Filed in Spanish · English published by the European Commission

Independent Service providers (ISPs) are currently dependent on what is offered by vehicle manufacturers (VM), despite competing with them in their role as service providers. The current legal framework creates a competitive disadvantage for ISPs, while neglecting the consumer’s central role in the data sharing ecosystem.

Challenges: GISAD welcomes the EU Commission's initiative to regulate access to vehicle data. Appropriate is option 3, to impose legal requirements in addition to prescribing a list of the data. The customer can remain largely anonymous if the state of the art is exhausted. For example, 1,000 IP addresses can be made available per user, which are used randomly, as described in patent application DE102017005550 (A1).

French Fédération Nationale de l’Automobile (FNA) has been the professional organization representing craft businesses in the automotive sector and in mobility services since 1921. Their representatives are supporting entrepreneurs and craftsmen whether they are self-employed or affiliated with a network.

I respectfully submit the attached comments in response to the Commission’s request for public comment on potential regulation to govern “access to vehicle data, functions, and resources.” I commend the Commission for recognizing the need for regulation in this area and taking action to protect consumers.

CARA, the European Car Remarketing Association represents the key players in Professional Remarketing of used vehicles in Europe. This comprises the European international remarketing units from Leasing Companies, Rent-a-Car Companies, Car Auction companies, international wholesale Car Traders, Vehicle Inspection Companies, Data Provider Companies etc.

Electra is an Electric Vehicle Charging Service company, that deploys Ultra Fast Charging Hubs in urban and peri-urban areas in France, and soon in Europe. Having access to cars’ connected platforms to collect, process and send back data to electric cars is a key enabler to offer multiple benefits to end users.

European Commission Feedback from the Finnish Automobile Federation Ry on the Commission’s initiative on access to vehicle data, functionalities and resources The Finnish Automotive Association welcomes the initiative. This initiative is necessary to ensure clear and pro-competitive rules for vehicle data-based services in the future.

Filed in Finnish · English published by the European Commission

Security and privacy in the access to vehicle data are critical issues and must be guaranteed. All digital products dealing with vehicle data delivered in the EU must be CE certified (as any other product) as secure and respecting data privacy.

For the Norwegian Safety Investigation Authority it is important that restrictions regarding access to vehicle data do not cause problems for the safety investigations of road traffic accidents. It is therefore important that the regulations allow safety investigation authorities access to vehicle data without any restrictions as the current legal situation in Norway.

What I am missing in the call/proposal is information about ownership of the data and the privacy protection of the user. E.g. when 'everyone' can see how much energy is still in your battery of your vehicle, they can also estimate how far you can still drive.

1) It is critical for the innovation in the sector that the OBD port has free continuous, unrestricted access. Accessing the vehicle through an API will block innovations that require specific processing of the data with higher frequency of data collection during a certain event, or synchronous data collections for a set of signals, just to name a few examples. Physical access is therefore extremely important.

Option 3 proposed by the Data Act seems to me to be in the best interests of consumers and vehicle owners so that they can continue to have access to a competitive and independent repair, servicing and maintenance offer.

Filed in French · English published by the European Commission

Truck manufurers (especially the big 7 DAF, IVECO, MAN, MERCEDES, RENAULT, SCANIA & VOLVO) must allow FULL access to their vehicle data to the Indipendent Aftermarket Industry. Some manufacturers cooperate fully and are open and transparent but other companies have yet to comply with these rules/obligations and give full access of their OE data to the IAM.

The French Automobile Distribution Federation, which I represent, would very much like option 3 to be chosen. If adopted, this option would lead to fair competition between the different companies involved in car repair without the legislation favouring manufacturers or post-sale companies.

Filed in French · English published by the European Commission