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This document aims at providing guidelines to help the railway sector comply with and benefit by the European Data Act (regulation EU 2023/2854). As the Data Act is a transverse regulation establishing horizontal rules, applicable across all areas and sectors of the economy, this document will explain how the provisions of Chapters II, III and IV on data sharing apply within the railway industry. It will provide a common understanding of the vocabulary, the requirements and their extent when it comes to railway assets, either already existing, to be soon placed on the market, or to be designed in a more distant future. The document will provide guidelines related to: - the definitions of the Data Act in the context of railway rolling stock sector (e.g. User, Holder, Recipient, Connected Product, Related Service); - what is to be considered as Connected Product and Related Service in the meaning of the Data Act for railway rolling stock; - the scope of data generated by railway rolling stock within the scope of the Data Act (specifically Raw Data, Pre-processed Data, Inferred or Derived Data). It will also provide guidelines and practical examples for different situations of data sharing.
The recent European Data Act, which entered into force in January 2024, mandates the provision of data generated by connected products and related services to users by the data holders. In order to ensure consistent implementation of the Regulation within the railway sector, the industry must define the scope of the data concerned and the technical conditions for making it available. Deadlines are very near, since the obligation resulting from Article 3(1) shall apply to connected products and the services related to them placed on the market after 12 September 2026 (see below): Article 3 “Obligation to make product data and related service data accessible to the user” “§1. Connected products shall be designed and manufactured, and related services shall be designed and provided, in such a manner that product data and related service data, including the relevant metadata necessary to interpret and use those data, are, by default, easily, securely, free of charge, in a comprehensive, structured, commonly used and machine-readable format, and, where relevant and technically feasible, directly accessible to the user.” In the railways sector, Rolling Stock stands at the forefront of Data Act regulatory change, since: - in the recent years manufacturers have implemented connectivity at almost every level of a rolling stock unit; - lifecycle is comparatively to infrastructure) short, and there’s a momentum for purchasing or refitting fleets; - there are real opportunities for developing services based on data. Establishing a common framework for data provision will enhance interoperability between different systems and services within the railway industry, speed up and ease the implementation of Data Act provisions, whilst reducing the overall cost. Setting the right balance between easy access for users, cybersecurity issues, and intellectual property, standardization will simultaneously: - encourage innovation by providing clear guidelines for developers and service providers; - support compliance by providing guidelines for data holders to meet the requirements of the EU Data Act. This work will prepare the Rolling Stock Industry for the Data Act. It will also consider the interactions with the DPP (Digital Product Passport - especially for batteries), the ESPR (Ecodesign for Sustainable Products Regulation – Regulation (EU) 2024/1781) legislations, CRA (Cyber Resilience Act – Regulation 2024 (EU) 2024/2487).
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