There will, however, be conditions on sharing. Only raw data will be covered by sharing obligations, as opposed to processed or aggregated data. Products that are primarily designed to display or play content, or to record and transmit content are exempted from the obligations. Trade secret protection must be taken into consideration when sharing the data. Third parties are not allowed to utilize the data to develop competing products. Additionally, sharing to third parties must take place under fair, reasonable and non-discriminatory conditions. Micro, small and medium sized companies are relieved from several obligations.
This new regulation raises big questions on its grey zone:
What is raw data?
Do sharing obligations cover for example data calculated by the embedded software in a censor?
With whom the sharing agreements must be made when there are several users of one product or if a product is composed of many data-collecting devices?
How much product design must be reshaped to enable direct access by the user?
What happens to the business models based on device data?