ARTICLE · 30 SEPTEMBER 2026

The Data Act – “Access By Design” Requirement Comes Into Force

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The European Union's Data Act introduces a groundbreaking "access by design" requirement that fundamentally changes how manufacturers must approach product development for connected devices and IoT products. From September 2026, businesses placing connected products on the EU market must ensure users can directly access their generated data by default, shifting data accessibility from a reactive request-based model to a proactive design imperative.

IrelandPrivacy

Davinia Brennan

Sarah Jayne Hanna

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On 12 September 2026, the “access by design” requirement under Article 3(1) of the Data Act (EU Regulation 2023/2854) (“the Data Act”) came into force. The new requirement applies to in-scope businesses placing connected products and related services on the market from 12 September 2026 onwards.

The “access by design” requirement will be welcomed by consumers and businesses that use connected products and related services, who will now have direct access to the data they generate. Users will also be able to share their data with third parties like repair and maintenance services. Until now, manufacturers and providers of related services were only required to make relevant data available to users on request.

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