New guidance outlines what EU Data Act means for rental companies

New ERA guide explains what the EU Data Act means for rental companies

ERA has developed a practical guide to help equipment rental companies understand how the EU Data Act applies to connected machines, telematics data and customer requests.

The Data Act has applied since 12 September 2025. It gives businesses and individuals that own, lease or rent connected products greater control over data generated through their use. For rental companies, its application can be complex because equipment passes between customers while machine data may remain under the control of an OEM or telematics provider.

The guide explains what information is covered and who is responsible for making it available. The Act mainly applies to readily available raw and pre-processed data, including operating hours, fuel or energy consumption, location data and error codes. Derived information, such as proprietary analytics, predictions and benchmarks, is generally outside the scope.

The data holder is the party that has lawful access to the data and controls how it is made available.  This will often be the OEM or telematics provider. A rental company may become a data holder if it installs and controls its own telematics system, but access to an OEM dashboard alone does not normally give it this role.

Rental companies and their customers may both qualify as users. Customers should receive only the data generated during their own rental period. Even when a rental company is not legally responsible for providing the data, it may need to help confirm who used the machine and direct the request to the correct provider.

The guide recommends that companies map their connected equipment, identify the relevant data holders and review agreements with OEMs, technology providers and customers. It also highlights remaining questions around mixed-brand fleets, historical data, GDPR, liability and the cost of facilitating access.

Read about eh ERA Guide on EU Data Act here