### (26) in order to enhance legal clarity and reduce the administrative burden for the economic operators , it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health , safety or protection of the environment , including climate , under different union legislation. this was confirmed by the refit platform recommending that the commission gives priority to addressing the problems of overlapping and repetitive requirements. the commission should thus be able to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations of this regulation , where otherwise the same aspect of health , safety or protection of the environment , including climate , would be assessed in parallel under this regulation and other union law. ### (26) in order to enhance legal clarity , it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health , safety or protection of the environment , including climate , under different union legislation. this was confirmed by the refit platform recommending that the commission gives priority to addressing the problems of overlapping and repetitive requirements. the commission should thus be able to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations of this regulation , where otherwise the same aspect of health , safety or protection of the environment , including climate , would be assessed in parallel under this regulation and other union law.


### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , with the exception of cement , priority for the setting of sustainability requirements will be given to the [espr]. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products , excluding building-integrated photovoltaic panels. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions. ### (28) in particular , in the case of energy-related products included in ecodesign working plans which are also construction products and for intermediary products , priority for the setting of sustainability requirements will be given to the [espr]. this should be the case for instance for heaters , boilers , heat pumps , water and space heating appliances , fans , cooling and ventilating systems and photovoltaic products , excluding building-integrated photovoltaic panels. this regulation may still intervene in a complementary manner where needed , mainly in relation to safety aspects also taking account of other union legislation on products such as on gas appliances , low voltage , and machinery. for other products , in order to avoid unnecessary burden for economic operators , the need may arise in future to determine the conditions under which the fulfilment of obligations under other union law also fulfils certain obligations under this regulation. the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to determine such conditions.


### (36) to ensure safety , functionality and sustainability of construction products , and by extension of construction works , all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the binding union requirements. in order to improve the legal clarity , it is necessary to set explicitly the obligations of economic operators. ### (36) to ensure safety , functionality and sustainability of construction products , and by extension of construction works , all economic operators intervening in the value chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the binding union requirements. in order to improve the legal clarity , it is necessary to set explicitly the obligations of economic operators.


### (42) to optimise the pursuit of the goals of the european green deal and of the circular economy action plan , the manufacturers should be obliged to reach a fair level of environmental sustainability , both for their products and their manufacturing. this obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects , whilst both environmental and safety aspects can relate to the product as such or to the construction works. to give manufacturers certainty about how to make these trade-off decisions , this regulation should set out clear trade-off rules. ### (42) to optimise the pursuit of the goals of the european green deal and of the circular economy action plan , the manufacturers should be obliged to ensure both their products and manufacturing contribute significantly towards the union's climate and environmental objectives by substantially improving their products' environmental footprint. this obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects , whilst both environmental and safety aspects can relate to the product as such or to the construction works. to give manufacturers certainty about how to make these trade-off decisions , this regulation should set out clear trade-off rules


### (44) in view of enhancing the circularity of construction products , in line with the goals of the circular economy action plan , manufacturers should favour re-use , remanufacturing and recycling of their products. the (preparation for) re-use , remanufacturing and recycling require certain design , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites , in addition to the instructions for use. ### (44) in view of enhancing the circularity of construction products , in line with the goals of the circular economy action plan and the waste hierarchy , manufacturers should prevent waste generation by facilitating and prioritizing repair , reuse and remanufacturing and , when products come to the end of their life , ensure recycling of their products. the (preparation for) re-use , remanufacturing and recycling require specific design choices , namely facilitating the separation of products , components and materials during de-installation , deconstruction and demolition and at the later stage of recycling and avoiding mixed , blended or intricate materials. the use of substances of concern should be avoided to facilitate the safe and sustainable re-use and recycling of construction products. as the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use , remanufacturing and recycling , the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites , in addition to the instructions for use.


### (91) public procurement amounts to 14% of the union’s gdp. to contribute to the objective of reaching climate neutrality , improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity , contracting authorities and entities should , where appropriate , be required to align their procurement with specific green public procurement criteria or targets , to be set out in the delegated acts adopted pursuant to this regulation. the criteria or targets set by delegated acts for specific product groups , should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. compared to a voluntary approach , mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performing products is maximised. the criteria should be transparent , objective and non-discriminatory. ### (91) public procurement amounts to 14% of the union’s gdp. to contribute to the objective of reaching climate neutrality , improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity , contracting authorities and entities should , where appropriate , be required to align their procurement with specific green public procurement criteria or targets , to be set out in the delegated acts adopted pursuant to this regulation. the criteria or targets set by delegated acts for specific product groups , should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. compared to a voluntary approach , mandatory criteria or targets will ensure that the leverage of public spending to boost demand for reyclable , recycled , bio based , locally-sourced , and sustainable products is maximised. he criteria should be transparent , objective and non-discriminatory


### (106) the objectives of this regulation , namely the free circulation of construction products on the internal market , the protection of human health and safety , and the protection of the environment , cannot be sufficiently achieved by the member states , as member states tend to establish very diverging requirements for construction products , with an uneven level of protection of human health and safety and of the environment. these objectives can rather be better achieved at union level by establishing a harmonised assessment framework for the performance of construction products and certain product requirements for the protection of human health and safety and of the environment. accordingly , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives , ### (106) the objectives of this regulation , namely the free circulation of construction products on the internal market , the protection of human health and safety , and the protection of the environment including climate change adaptation and mitigation , cannot be sufficiently achieved by the member states , as member states tend to establish very diverging requirements for construction products , with an uneven level of protection of human health and safety and of the environment. these objectives can rather be better achieved at union level by establishing a harmonised assessment framework for the performance of construction products and certain product requirements for the protection of human health and safety and of the environment. accordingly , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on the european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives ,


### this regulation establishes harmonised rules for the making available on the market and direct installation of construction products , regardless of whether undertaken in the framework of a service or not , by establishing: ### this regulation establishes harmonised rules for the making available on the market and direct installation and deinstallation of construction products , regardless of whether undertaken in the framework of a service or not , by establishing:


### environmental , including climate , functional and safety product requirements for construction products. ### ecodesign requirements , environmental , including climate , functional and safety product requirements for construction products.


### those used construction products or items are imported from third countries without having been placed on the union market before; ### those used construction products or items are imported from third countries ;


### the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere decoration” purposes , those purposes being defined by the absence of any structural function for the construction works; ### the economic operator or reclamation dealer claims compliance with characteristics listed in annex i and related performance , through best available techniques and assessment methods , against the intended use assigned to the used construction products


### the economic operator making the used construction products or item available on the market opts for the application of this regulation. ### deleted


### (1) ‘construction product’ means any formed or formless physical item , including its packaging and instructions for use , or a kit or assembly combining such items , that is placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the union , with the exception of items that are necessarily first integrated into an assembly , kit or other construction product prior to being incorporated in a permanent manner in construction works; ### (1) ‘construction product’ means any product , including its packaging and instruction for use , or kit or assembly , which is produced as an end product and placed on the market for incorporation in construction works and the performance of which has an effect on the construction works with respect to the basic requirements for construction works;


### (2) ‘permanent’ means for a duration of two years or longer; ### (2) ‘permanent’ means installation during a lifetime of a construction work;


### (8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market or installed directly , including those requirements relating to labelling and instructions for use or other information to be provided; ### (8) product requirements' means a quantitative or non-quantitative requirement for on in relation to a product to achieve a certain performance level before it can be placed on the market or installed directly , in relation to a product parameter referred to in article 5 or article 22 , and laid down in annex i part b to d and specified in accordance with article 5(2);


### (32) ‘state of the art’ means a way to achieve a certain goal which is either the most effective and advanced or close to it and thus above the average of ways which can be chosen; ### deleted


### the essential characteristics specified in accordance with paragraph 1 or listed in annex i part a point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the essential characteristics of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states. ### the essential characteristics specified in accordance with paragraph 1 or with the exclusion of paragraph 1(8) and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this regulation. the essential characteristics of products shall be identified in view of the basic requirements for construction works , taking account of the regulatory needs of member states , as well as climate and social objectives as set out in the european green deal , the european pillar of social rights and circularity objectives pursued by regulation (euxxxxxx) [ecodesign for sustainable products regulation].


### the commission may issue standardisation requests in accordance with article 10 of regulation (eu) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. ### the commission shall issue standardisation requests in accordance with article 10 of regulation (eu) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics listed in annex i part a point 1 (1) to 1 (7) and their assessment methods.


### the respective standardisation requests may also include a request that the european standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. in that case , the commission shall lay down the basic principles and corner stones for the establishment of the threshold levels , classes and mandatory characteristics in the standardisation request. ### the respective standardisation requests may also include a request that the european standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers covered . in that case , the commission shall lay down the basic principles and corner stones for the establishment of the threshold levels , classes and mandatory characteristics in the standardisation request.


### the respective standardisation requests may also include a request that the european standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. in that case , the commission shall lay down the basic principles and corner stones for the establishment of the threshold levels , classes and mandatory characteristics in the standardisation request. ### the respective standardisation requests may also include a request that the european standardisation organisation determine in the standards referred to in the first subparagraph the mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. in that case , the commission shall lay down the basic principles and corner stones for the establishment of the threshold levels , classes and mandatory characteristics in the standardisation request.


### 3. by way of derogation from paragraph 2 and in order to cover the regulatory needs of member states and to pursue the goals of article 114 of the treaty on the functioning of the european union , the commission is empowered to supplement this regulation by means of delegated acts in accordance with article 87 , by establishing , for particular product families and categories , voluntary or mandatory essential characteristics and their assessment methods in any of the following cases: ### 3. by way of derogation from paragraph 2 to pursue the goals of articles 11 , 114 and 191 to 193 of the treaty on the functioning of the european union , priority shall be given to union legal acts. the commission is empowered to supplement this regulation by means of delegated acts in accordance with article 87 , by establishing , for particular product families and categories , mandatory essential characteristics and their assessment methods in any of the following cases:


### member states shall respect the harmonised zone in their national law , other rules or administrative action and shall not set additional requirements for products covered by it. they shall in particular apply the following: ### the requirements making up the harmonised zone are minimum requirements and shall not prevent any member state from maintaining or introducing more stringent measures requiring higher environmental standards for construction works , in particular the setting of requirements at the building level. such measures shall be compatible with union law. where national legislation provides for more stringent measures , the member state shall notify such legislation to the commission. unless the protection of human health and the environment requires more stringent measures , member states shall apply the following:


### member states shall respect the harmonised zone in their national law , other rules or administrative action and shall not set additional requirements for products covered by it. they shall in particular apply the following: ### member states shall respect the harmonised zone in their national law , other rules or administrative action and shall not set additional requirements for products covered by it , with the exception of technical specifications to assess environmental performances. they shall in particular apply the following:


### unless product safety or the safety of construction works is thereby negatively impacted , the manufacturer has the following obligations: ### the manufacturer has the following obligations:


### the release of net greenhouse gas emissions into the atmosphere. ### the release of greenhouse gas emissions into the atmosphere.


### climate change effects (mandatory); ### climate change effects , including carbon storage;


### harmonised technical specifications shall indicate that for the essential characteristic of climate change effects under point (a) it is mandatory for the manufacturer to declare the performance of the product as set out in articles 11(2) and 22(1). ### harmonised technical specifications shall indicate that it is mandatory for the manufacturer to declare the performance of the product as set out in articles 11(2) and 22(1).


### harmonised technical specifications shall also cover to the extent possible the essential characteristic of capability to temporarily bind carbon and of other carbon removals. ### harmonised technical specifications shall also cover to the extent possible the essential characteristic of capability to temporarily bind carbon provided that products do not contribute to land use change and comply with the obligations of the [deforestation and forest degradation regulation].


### (71) ‘product presenting a serious risk’ means a product presenting a serious risk as defined in article 3 , point (20) , of regulation (eu) 2019/1020. ### (71) ‘product presenting a risk’ means a product presenting a risk as defined in article 3 , point 19 , of regulation (eu) 2019/1020.


### no other marking than the ce marking may be placed on the declaration of performance or the declaration of conformity. ### no other marking than the ce marking and type i (iso 14024) ecolabels may be placed on the declaration of performance or the declaration of conformity.


### when making a product available on the market in a certain member state , the manufacturer shall ensure that the product is accompanied by the information set out in harmonised technical specifications and in annex i part d in a language determined by the member state concerned or , in absence of such determination , in a language which can be easily understood by users. ### when making a product available on the market in a certain member state , the manufacturer shall ensure that the product is accompanied by the information set out in harmonised technical specifications and in annex i part d at least in the official languages of the member state concerned.


### eu construction products database or system ### eu construction products database


### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information and the standard european consumer credit overview form , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer. ### 6. upon request from the consumer , the creditor and , where applicable , the credit intermediary shall , in addition to the european consumer credit information , provide the consumer free of charge with a copy of the draft credit agreement , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.


### 2. member states may adapt the requirement referred to in paragraph 1 with regard to the manner in which the explanations shall be given and the extent to which they shall be given to the following: ### deleted


### member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data. ### member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on automated processing of personal data. such personalised offer shall not be based on personal data other than financially related data as defined in article 18 paragraph 2.


### member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data. ### member states shall require that creditors , credit intermediaries and providers of crowdfunding credit services explicitly inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data. such personalised offer shall not be based on personal data other than financially related data as defined in article 18 paragraph 2.


### 2. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow creditors or providers of crowdfunding credit services to request the consumer to open or maintain a payment or a savings account , where the only purpose of such an account is one of the following: ### deleted


### 3. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered , on terms and conditions similar to each other , result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market. ### deleted


### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. ### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. in addition , creditors or providers of crowdfunding credit services should not be permitted to offer a relevant insurance policy related to the credit agreement of crowdfunding credit services before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.


### act in the best interests of the consumer; ### act in the best interests of the consumer , with a view to minimising defaults and arrears;


### point (b) of the second subparagraph shall apply only where the number of creditors considered is less than a majority of the market. ### deleted


### member states shall prohibit any sale of credit to consumers , without their prior request and explicit agreement. ### member states shall prohibit any offer or sale of credit to consumers , without their prior request and explicit agreement.


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19.


### the information obtained in accordance with this paragraph shall be appropriately verified , where necessary through reference to independently verifiable documentation. ### the information obtained in accordance with this paragraph shall be appropriately verified , where necessary through reference to independently verifiable documentation.


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness referred to in article 8 shall be carried out exclusively on the basis of the following information:


### (29) specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them , in particular , to compare different offers. such information should be given in a clear , concise and prominent way by means of a representative example. the standard information should be shown upfront and saliently , in a clear way and in an engaging format. it should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. temporary promotional conditions , such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services , should be clearly identified as such. consumers should see all essential information at a glance , even when they watch it on the screen of a mobile telephone. the creditor and , where applicable , credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor , the credit intermediary or provider of crowdfunding credit services quickly and efficiently. a ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available , in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. the ceiling should indicate the upper limit of credit which can be made available to the consumer. in specific and justified cases , in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it , such as in radio advertising , the amount of information disclosed could be reduced. in addition , member states should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit. ### (29) specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them , in particular , to compare different offers. such information should be given in a clear , concise and prominent way by means of a representative example. the standard information should be shown upfront and saliently , in a clear way and in an engaging format. it should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. temporary promotional conditions , such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services , should be clearly identified as such. consumers should see all essential information at a glance , even when they watch it on the screen of a mobile telephone. the creditor and , where applicable , credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor , the credit intermediary or provider of crowdfunding credit services quickly and efficiently. a ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available , in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. the ceiling should indicate the upper limit of credit which can be made available to the consumer. in specific and justified cases , in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it , such as in radio advertising , the amount of information disclosed could be reduced. in addition , member states should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit. advertising should not incite over-indebted consumers to seek credit , highlight the ease or speed with which credit can be obtained , state that a promotion is conditional upon taking up credit , nor specify that other credit contracts have no influence on the assessment of a credit application , and these practices should therefore be prohibited. advertising should not use profiling and should not be personalised.


### the information obtained in accordance with this paragraph shall be appropriately verified , where necessary through reference to independently verifiable documentation. ### the information taken into account shall be necessary , sufficient and proportionate to assess the re-payment capacity of the consumer , in line with the data minimisation principle of regulation (eu) 2016/679 (gdpr). in addition , the information taken into account shall be relevant , up-to-date , complete and accurate.


### notwithstanding the first subparagraphs , where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are not likely to be met in the manner required under that agreement , the creditor or the provider of crowdfunding credit services may exceptionally make credit available to the consumer in specific and well justified circumstances. ### notwithstanding the first subparagraphs , where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are not likely to be met in the manner required under that agreement , the creditor or the provider of crowdfunding credit services may exceptionally make credit available in the following circumstances:


### 3. the databases referred to in paragraph 1 shall hold at least information on consumers’ arrears in payment. ### 3. the databases referred to in paragraph 1 shall hold at least information on repayment behaviour on their existing financial agreements , including arrears , where permitted under national legal frameworks and regulation (eu) 2016/679.


### the creditor may exceptionally claim higher compensation if the creditor can prove that the loss suffered due to early repayment exceeds the amount determined in accordance with paragraph 2. ### deleted


### 1. member states shall introduce caps on one or more of the following: ### 1. member states shall introduce caps on


### interest rates applicable to credit agreements or to crowdfunding credit services; ### deleted


### the total cost of the credit to the consumer. ### deleted


### 1. member states shall require creditors to have adequate policies and procedures so that they make efforts to exercise , where appropriate , reasonable forbearance before enforcement proceedings are initiated. such forbearance measures shall take into account , among other elements , the consumer’s circumstances and may consist in , among other possibilities: ### 1. member states shall require creditors to exercise reasonable forbearance for consumers experiencing payment difficulties following an affordability assessment. such forbearance measures shall be communicated to consumers in a standardised format take into account , among other elements , the consumer’s circumstances and shall consist in :


### a modification of the existing terms and conditions of a credit agreement , which may include among others: ### a modification of the existing terms and conditions of a credit agreement , which shall include among others:


### (iv) changing the interest rate; ### (iv) reducing the interest rate;


### 2. the list of potential measures in paragraph 1 , point (b) , is without prejudice to rules set out in national law and does not require member states to provide for all of those measures in national law. ### 2. the list of measures in paragraph 1 , point (b) , is without prejudice to additional measures set out in national law.


### 4. member states may allow creditors to impose additional charges on the consumer in the event of default. in that case member states shall introduce a cap on those charges. ### deleted


### 4. in the case of credit agreements in the form of overrunning , only articles 1 , 2 and 3 , article 25 , and articles 41 to 50shall apply. ### 4. in the case of credit agreements in the form of overrunning , only articles 1 , 2 and 3 , article 25 , articles 35 and 36 , article 39 and articles 41 to 50 shall apply.


### (5) ‘total cost of the credit to the consumer’ means all the costs , including interest , commissions , taxes and any other kind of fees which the consumer is required to pay in connection with the credit agreement or crowdfunding credit services and which are known to the creditor , in the case of credit agreements , or to the crowdfunding credit services provider , in the case of crowdfunding credit services , except for notarial costs; costs in respect of ancillary services relating to the credit agreement or crowdfunding credit services are also included in the total cost of the credit to the consumer where , in addition , the conclusion of a contract regarding such ancillary services is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed; ### (5) ‘total cost of the credit to the consumer’ means all the costs , including interest , commissions , taxes and any other kind of fees which the consumer is required to pay in connection with the credit agreement or crowdfunding credit services , in the case of credit agreements , or to the crowdfunding credit services provider , in the case of crowdfunding credit services , except for notarial costs; costs in respect of ancillary services relating to the credit agreement or crowdfunding credit services are also included in the total cost of the credit to the consumer;


### (25) ‘debt advisory services’ means personalised assistance of a technical , legal or psychological nature provided by independent professional operators in favour of consumers who experience or might experience difficulties in meeting their financial commitments; ### (25) ‘debt advisory services’ means personalised assistance of a technical , legal or psychological nature provided by independent professional operators which are not creditors , credit intermediaries , providers of crowdfunding credit services or credit servicers , in favour of consumers who experience or might experience difficulties in meeting their financial commitments;


### 1. member states shall require that advertising concerning credit agreements or crowdfunding credit services which indicates an interest rate or any figures relating to the cost of the credit to the consumer include standard information in accordance with this article. ### 1. member states shall require that advertising concerning credit agreements or crowdfunding credit services include standard information in accordance with this article.


### this obligation shall not apply where national law requires the indication of the annual percentage rate of charge in advertising concerning credit agreements or crowdfunding credit services which does not indicate an interest rate or any figures relating to any cost of credit to the consumer within the meaning of the first subparagraph. ### deleted


### the consumer's right , as set out in paragraph 8 , to be supplied , on request and free of charge , with a copy of the draft credit agreement , or of the draft agreement for the provision of crowdfunding credit services , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer; ### the creditor’s obligation , as set out in paragraph 8 , to provide the consumer free of charge , with a copy of the draft credit agreement , or of the draft agreement for the provision of crowdfunding credit services , provided that the creditor is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer;


### costs in the case of late payments; ### explanation on the consequences , including the costs in the case of missing or late payments;


### any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the standard european consumer credit information form or the standard european consumer credit overview form. ### any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the standard european consumer credit information form or the standard european consumer credit overview form.


### 6. by way of derogation from paragraph 3 , in the case of voice telephony communications , as referred to in article 3(3) of directive 2002/65/ec , the description of the main characteristics of the financial service to be provided pursuant to article 3(3) , point (b) , second indent , of that directive shall include at least the elements referred to in paragraph 3 , points (c) , (d) , (e) , (f) and (i) of this article , together with the annual percentage rate of charge illustrated by means of a representative example and the total amount payable by the consumer. ### deleted


### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor and , where applicable , the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the standard european consumer credit information form and the standard european consumer credit overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services. ### 7. a credit agreement cannot be concluded using exclusively a means of distance communication which does not enable the information to be provided in accordance with this article.


### 8. upon request from the consumer , the creditor and , where applicable , the credit intermediary or the provider of crowdfunding credit services shall , in addition to the standard european consumer credit information form and the standard european consumer credit overview form , provide the consumer free of charge with a copy of the draft credit agreement , or of the draft agreement for the provision of crowdfunding credit services , provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer. ### 8. the creditor and , where applicable , the credit intermediary or the provider of crowdfunding credit services shall , in addition to the standard european consumer credit information form and the standard european consumer credit overview form , provide the consumer free of charge with a copy of the draft credit agreement , or of the draft agreement for the provision of crowdfunding credit services , provided that the creditor is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer. the provision of the credit offer shall oblige the creditor to maintain its terms and conditions for a minimum of 14 days from the date of receipt by the consumer.


### 10. this article shall not apply to suppliers of goods or services acting as credit intermediaries in an ancillary capacity. this is without prejudice to the creditor , or where applicable , credit intermediary or provider of crowdfunding credit services’ obligation to ensure that the consumer receives the pre-contractual information referred to in this article. ### 10. this article applies to suppliers of goods or services acting as credit intermediaries in an ancillary capacity. this is without prejudice to the creditor , or provider of crowdfunding credit services’ obligation to ensure that the consumer receives the pre-contractual information referred to in this article.


### 4. member states may prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or , where applicable , credit intermediaries or providers of crowdfunding credit services. ### 4. member states shall prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or providers of crowdfunding credit services.


### where member states do not prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms , they shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors , credit intermediaries or providers of crowdfunding credit services providing advisory services: ### member states shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by credit intermediaries providing advisory services:


### creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services shall consider a sufficiently large number of credit agreements or crowdfunding credit services available on the market; ### creditors or providers of crowdfunding credit services shall consider a sufficiently large number of credit agreements or crowdfunding credit services available on the market;


### member states may impose more stringent requirements for the use of the terms ‘independent advice’ or ‘independent advisor’ by creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services. ### member states shall impose more stringent requirements for the use of the terms ‘independent advice’ or ‘independent advisor’ by credit intermediaries.


### (2) barriers to data sharing prevent an optimal allocation of data to the benefit of society. these barriers include a lack of incentives for data holders to enter voluntarily into data sharing agreements , uncertainty about rights and obligations in relation to data , costs of contracting and implementing technical interfaces , the high level of fragmentation of information in data silos , poor metadata management , the absence of standards for semantic and technical interoperability , bottlenecks impeding data access , a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use. ### (2) barriers to data sharing prevent an optimal allocation of data to the benefit of society. these barriers include a lack of incentives for data holders to enter voluntarily into data sharing agreements , uncertainty about rights and obligations in relation to data , the economic value of data sets , the costs of contracting and implementing technical interfaces , the high level of fragmentation of information in data silos , poor metadata management , the absence of standards for semantic and technical interoperability , bottlenecks impeding data access , a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use.


### (4) in order to respond to the needs of the digital economy and to remove barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation. ### (4) in order to respond to the needs of the digital economy and to remove barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who is entitled to access the data transmitted by connected products or generated during the provision of related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation.


### (5) this regulation ensures that users of a product or related service in the union can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is an exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it takes as its starting point the control that the data holder effectively enjoys , de facto or de jure , over data generated by products or related services. ### (5) this regulation ensures that users of a product or related service in the union , including consumers can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data for the purposes of their choice , including by sharing them with third parties of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is a time limited and demonstrated exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it recognizes that , based on operational , technical , legal , economic , security or other considerations , users of connected products may agree to grant access and use permissions over data transmitted by connected products or generated during the provision of related services to providers of such services. users of connected products may agree with the manufacturers or vendors to perform one or more related services , including the storage , management and curation of data transmitted by the connected product.


### (5) this regulation ensures that users of a product or related service in the union can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is an exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it takes as its starting point the control that the data holder effectively enjoys , de facto or de jure , over data generated by products or related services. ### (5) this regulation ensures that manufacturers of connected products and providers of related services must design the products and services in a way that users of a connected products or related services in the union can always access , in a timely manner , the data transmitted by that connected product or generated during the provision of a related service and that those users can use the data for any lawful purpose , including by sharing it with third parties of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that , in cases where users cannot access such data directly , data holders make available to the user , upon request , any data transmitted to them by a connected product or data generated during the provision of a related service. it also imposes the obligations on data holders to make data available to data recipients , at the request of the user , in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use. this regulation also ensures that , where there is an exceptional need and where certain safeguards are being adhered to , data holders should make available to public sector bodies of the member states and to union institutions , agencies or bodies. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder or data recipients to hold , have access to or process data , or as conferring any new right on the data holder to use data transmitted by a connected product or generated during the provision of a related service. instead , it recognizes that , based on operational , economic , security or other considerations , users may agree to grant access and use permissions over data transmitted by connected products or generated during the provision of related services to data holders , which may often be manufacturers , and which may contractually agree with the user to perform one or more related services , including the storage , management and curation of data transmitted by the connected product.


### (7) the fundamental right to the protection of personal data is safeguarded in particular under regulation (eu) 2016/679 and regulation (eu) 2018/1725. directive 2002/58/ec additionally protects private life and the confidentiality of communications , including providing conditions to any personal and non-personal data storing in and access from terminal equipment. these instruments provide the basis for sustainable and responsible data processing , including where datasets include a mix of personal and non-personal data. this regulation complements and is without prejudice to union law on data protection and privacy , in particular regulation (eu) 2016/679 and directive 2002/58/ec. no provision of this regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications. ### (7) the fundamental right to the protection of personal data is safeguarded in particular under regulation (eu) 2016/679 and regulation (eu) 2018/1725. directive 2002/58/ec additionally protects private life and the confidentiality of communications , including providing conditions to any personal and non-personal data storing in and access from terminal equipment. these instruments provide the basis for sustainable and responsible data processing , including where datasets include a mix of personal and non-personal data. this regulation complements and is without prejudice to union law on data protection and privacy , in particular regulation (eu) 2016/679 and directive 2002/58/ec. no provision of this regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications. in the event of a conflict between this regulation and union law on the protection of personal data and privacy or national law adopted in accordance with such union law , the relevant union or national law on the protection of personal data and privacy should prevail.


### (8) the principles of data minimisation and data protection by design and by default are essential when processing involves significant risks to the fundamental rights of individuals. taking into account the state of the art , all parties to data sharing , including where within scope of this regulation , should implement technical and organisational measures to protect these rights. such measures include not only pseudonymisation and encryption , but also the use of increasingly available technology that permits algorithms to be brought to the data and allow valuable insights to be derived without the transmission between parties or unnecessary copying of the raw or structured data themselves. ### (8) the principles of data minimisation and data protection by design and by default are essential as processing can lead to significant risks to the fundamental rights of individuals. taking into account the state of the art , all parties to data sharing , including where within scope of this regulation , should implement technical and organisational measures to protect and facilitate the exercise of data subjects' rights. such measures include not only deletion and anonymisation where possible , and aggregation and pseudonymisation where the aforementioned aren’t possible to fulfill the purposes of the processing , as well as encryption.


### (9) this regulation complements and is without prejudice to union law aiming to promote the interests of consumers and to ensure a high level of consumer protection , to protect their health , safety and economic interests , in particular directive 2005/29/ec of the european parliament and of the council59 , directive 2011/83/eu of the european parliament and of the council60 and directive 93/13/eec of the european parliament and of the council61 . ### (9) this regulation complements and is without prejudice to union law aiming to promote the interests of consumers and to ensure a high level of consumer protection , to protect their health , safety and economic interests , including directive 2005/29/ec of the european parliament and of the council59 , directive 2011/83/eu of the european parliament and of the council60 and directive 93/13/eec of the european parliament and of the council61 .


### (14) physical products that obtain , generate or collect , by means of their components , data concerning their performance , use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the internet of things) should be covered by this regulation. electronic communications services include land-based telephone networks , television cable networks , satellite-based networks and near-field communication networks. such products may include vehicles , home equipment and consumer goods , medical and health devices or agricultural and industrial machinery. the data represent the digitalisation of user actions and events and should accordingly be accessible to the user , while information derived or inferred from this data , where lawfully held , should not be considered within scope of this regulation. such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment , health and the circular economy , in particular though facilitating the maintenance and repair of the products in question. ### (14) physical products that obtain , generate or collect , by means of their components , data concerning their performance , use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the internet of things) should be covered by this regulation. such products may include vehicles , home equipment and consumer goods , medical and health devices or agricultural and industrial machinery. the data represent the digitalisation of user actions and events and should accordingly be accessible to the user , while information , non-communicable data or data derived or inferred from this data , where lawfully generated and held , should not be considered within scope of this regulation. such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment , health and the circular economy , in particular though facilitating the maintenance and repair of the products in question.


### (14) physical products that obtain , generate or collect , by means of their components , data concerning their performance , use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the internet of things) should be covered by this regulation. electronic communications services include land-based telephone networks , television cable networks , satellite-based networks and near-field communication networks. such products may include vehicles , home equipment and consumer goods , medical and health devices or agricultural and industrial machinery. the data represent the digitalisation of user actions and events and should accordingly be accessible to the user , while information derived or inferred from this data , where lawfully held , should not be considered within scope of this regulation. such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment , health and the circular economy , in particular though facilitating the maintenance and repair of the products in question. ### (14) products that obtain , generate or collect , by means of their design and components , data concerning their performance , use or environment and that are able to communicate that data (often referred to as the internet of things) should be covered by this regulation. such connected products are found in all aspects of the economy and society , including in private , civil or commercial infrastructure , vehicles , ships , aircraft , home equipment and consumer goods , medical and health devices , or agricultural and industrial machinery or energy production and transmission facilities. transmissible data obtained , generated or collected by a connected product should always be accessible to the owner of the product , or a third party to whom the owner of the product has transferred certain rights to the product based on a rental or lease contract. the owner or such third party shall be referred to as the user for the purpose of this regulation. these access rights shall in no way alter or interfere with the fundamental rights of data subjects , who may be interacting with connected product , to personal data generated by the product. manufacturers' design choices , the users’ demands and , where relevant , sectoral legislation to address sector-specific needs and objectives determine which data is transmissible from the connected product.


### (15) in contrast , certain products that are primarily designed to display or play content , or to record and transmit content , amongst others for the use by an online service should not be covered by this regulation. such products include , for example , personal computers , servers , tablets and smart phones , cameras , webcams , sound recording systems and text scanners. they require human input to produce various forms of content , such as text documents , sound files , video files , games , digital maps. ### (15) in contrast , content , or data obtained , generated or collected by the connected product or transmitted to it for the purpose of storage or processing , amongst others for the use by an online service should not be covered by this regulation.


### (15) in contrast , certain products that are primarily designed to display or play content , or to record and transmit content , amongst others for the use by an online service should not be covered by this regulation. such products include , for example , personal computers , servers , tablets and smart phones , cameras , webcams , sound recording systems and text scanners. they require human input to produce various forms of content , such as text documents , sound files , video files , games , digital maps. ### (15) in contrast , content , or data obtained , generated or collected by the connected product or transmitted to it for the purpose of storage or processing on behalf of third parties , amongst others for the use by an online service should not be covered by this regulation.


### (17) data generated by the use of a product or related service include data recorded intentionally by the user. such data include also data generated as a by-product of the user’s action , such as diagnostics data , and without any action by the user , such as when the product is in ‘standby mode’ , and data recorded during periods when the product is switched off. such data should include data in the form and format in which they are generated by the product , but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. ### (17) data generated by the use of a product or related service include data recorded intentionally by the user. such data include also data generated as a by-product of the user’s action , such as diagnostics data , and without any action by the user , such as when the product is in ‘standby mode’ , and data recorded during periods when the product is switched off. such data should include data in the form and format in which they are generated by the product.


### (17) data generated by the use of a product or related service include data recorded intentionally by the user. such data include also data generated as a by-product of the user’s action , such as diagnostics data , and without any action by the user , such as when the product is in ‘standby mode’ , and data recorded during periods when the product is switched off. such data should include data in the form and format in which they are generated by the product , but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. ### (17) data transmitted by a connected product or generated during the provision of a related service include data obtained , recorded or otherwise generated by the product according to the users intentions and data generated as a by-product of the user’s action , such as diagnostics data , and data generated without any action by the user , in particular data about the connected product’s environment or interactions , including when the product is in ‘standby mode’ , and data recorded during periods when the product is switched off. such data should include data in the form and format in which they are generated by the product and be compiled in a comprehensible , structured , commonly used and machine-readable format and including the relevant metadata , but not pertain to data that is demonstrated to be subject to intellectual property rights. the description about what data is transmissible by the connected product may refer to the specific data , where relevant , that is subject to intellectual property rights. where data is transferred in an encrypted format , the user should be provided with all necessary means to decrypt such data and make it accessible.


### (20) in case several persons or entities own a product or are party to a lease or rent agreement and benefit from access to a related service , reasonable efforts should be made in the design of the product or related service or the relevant interface so that all persons can have access to data they generate. users of products that generate data typically require a user account to be set up. this allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons , where relevant , or the possibility for several persons to use the same user account. access should be granted to the user upon simple request mechanisms granting automatic execution , not requiring examination or clearance by the manufacturer or data holder. this means that data should only be made available when the user actually wants this. where automated execution of the data access request is not possible , for instance , via a user account or accompanying mobile application provided with the product or service , the manufacturer should inform the user how the data may be accessed. ### (20) in case several persons or entities own or use a product or are party to a lease or rent agreement and benefit from access to a related service , reasonable efforts should be made in the design of the product or related service or the relevant interface so that all persons using the product can have access to data they generate. products that generate data usually require a user account to be set up. this allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons , where relevant and the possibility for several persons to use the same user account. access should be granted to the user upon simple request mechanisms granting automatic and complete execution , not requiring examination or clearance by the manufacturer or data holder. this means that data should only be made available when the user actually wants this. where automated execution of the data access request is not possible , for instance , via a user account or accompanying mobile application provided with the product or service , the manufacturer should inform the user how the data may be accessed


### (20) in case several persons or entities own a product or are party to a lease or rent agreement and benefit from access to a related service , reasonable efforts should be made in the design of the product or related service or the relevant interface so that all persons can have access to data they generate. users of products that generate data typically require a user account to be set up. this allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons , where relevant , or the possibility for several persons to use the same user account. access should be granted to the user upon simple request mechanisms granting automatic execution , not requiring examination or clearance by the manufacturer or data holder. this means that data should only be made available when the user actually wants this. where automated execution of the data access request is not possible , for instance , via a user account or accompanying mobile application provided with the product or service , the manufacturer should inform the user how the data may be accessed. ### (20) in case several persons or entities own a connected product or are party to a lease or rent agreement and benefit from access to a related service , all necessary efforts should be made in the design of the connected product or related service or the relevant interface so that all persons can have access to data they generate. users of connected products that generate data may require a user account to be set up. this allows for identification of the user by the party managing the data transmission , storage and processing , as well as a means to communicate to exercise and process data access requests to the user. manufacturers or designers of a connected product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons , where relevant , or the possibility for several persons to use the same user account. access should be granted to the user upon simple request mechanisms granting automatic execution , not requiring examination or clearance by any data holder. data should only be made available when the user actually wants this. where automated execution of the data access request is not possible , for instance , via a user account or accompanying application provided with the connected product or related service , the party managing the data transmission , storage and processing should inform the user how the data may be accessed.


### (21) products may be designed to make certain data directly available from an on-device data storage or from a remote server to which the data are communicated. access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. the server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. they may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer. ### (21) products may be designed to make certain data directly available from an on-device data storage or from a remote server to which the data are communicated. access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. the server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider. they may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer.


### (21) products may be designed to make certain data directly available from an on-device data storage or from a remote server to which the data are communicated. access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. the server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. they may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer. ### (21) connected products may be designed to make certain data directly available by means of an on-device data access or storage or from a remote server to which data collected , obtained or otherwise generated by the connected product are transmitted to. such server may be based on the user’s own local server capacity or that of a data holder , a third party , including the manufacturer or vendor , or a cloud service provider , who may be considered a data holder , if the receipt , storage , processing or sharing of data transmitted by the connected product are important to the operation of such product. such servers may be designed to permit the user or a data recipient to process the data on the connected product or on a computing instance of a third party.


### (22) virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content , obtain information , or activate physical objects connected to the internet of things. virtual assistants can act as a single gateway in , for example , a smart home environment and record significant amounts of relevant data on how users interact with products connected to the internet of things , including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. the user may wish to make available such data with third party manufacturers and enable novel smart home services. such virtual assistants should be covered by the data access right provided for in this regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product. however , only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this regulation. data produced by the virtual assistant unrelated to the use of a product is not the object of this regulation. ### (22) virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content , obtain information , or activate physical objects connected to the internet of things. virtual assistants can act as a single gateway in , for example , a smart home environment and record significant amounts of relevant data on how users interact with products connected to the internet of things , including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. the user may wish to make available such data with third party manufacturers and enable novel smart home services. such virtual assistants should be covered by the data access right provided for in this regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product.


### (22) virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content , obtain information , or activate physical objects connected to the internet of things. virtual assistants can act as a single gateway in , for example , a smart home environment and record significant amounts of relevant data on how users interact with products connected to the internet of things , including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. the user may wish to make available such data with third party manufacturers and enable novel smart home services. such virtual assistants should be covered by the data access right provided for in this regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product. however , only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this regulation. data produced by the virtual assistant unrelated to the use of a product is not the object of this regulation. ### (22) virtual assistants play an increasing role in digitising consumer and professional environments and serve as an easy-to-use interface to play content , obtain information , or activate physical objects connected to the internet of things. virtual assistants can act as a single gateway in , for example , a smart home environment and record significant amounts of relevant data on how users interact with products connected to the internet of things , including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. the user may wish to make available such data with third party manufacturers and enable novel smart home services. such virtual assistants should be covered by the data access right provided for in this regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a connected product via a virtual assistant provided by an entity other than the manufacturer of the connected product.


### (23) before concluding a contract for the purchase , rent , or lease of a product or the provision of a related service , clear and sufficient information should be provided to the user on how the data generated may be accessed. this obligation provides transparency over the data generated and enhances the easy access for the user. this obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to article 12 , 13 and 14 of regulation 2016/679. ### (23) before concluding a contract for the purchase , use , rent , or lease of a product or the provision of a related service , clear and sufficient information should be provided to the user on how the data generated may be accessed. this obligation provides transparency over the data generated and enhances the easy access for the user. this obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to article 12 , 13 and 14 of regulation 2016/679.


### (24) this regulation imposes the obligation on data holders to make data available in certain circumstances. insofar as personal data are processed , the data holder should be a controller under regulation (eu) 2016/679. where users are data subjects , data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this regulation. however , this regulation does not create a legal basis under regulation (eu) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. this applies in particular where the manufacturer is the data holder. in that case , the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. this agreement may be part of the sale , rent or lease agreement relating to the product. any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be transparent to the user , including as regards the purpose for which the data holder intends to use the data. this regulation should not prevent contractual conditions , whose effect is to exclude or limit the use of the data , or certain categories thereof , by the data holder. this regulation should also not prevent sector-specific regulatory requirements under union law , or national law compatible with union law , which would exclude or limit the use of certain such data by the data holder on well-defined public policy grounds. ### (24) this regulation imposes the obligation on data holders to make data available in certain circumstances. insofar as personal data are processed , the data holder should be a controller under regulation (eu) 2016/679. where users are data subjects , data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this regulation. however , this regulation does not create a legal basis under regulation (eu) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. this applies in particular where the manufacturer is the data holder. in that case , the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. this agreement may be part of the sale , rent or lease agreement relating to the product. any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be fair and transparent to the user , including as regards the specific purpose for which the data holder intends to use the data. this regulation should not prevent contractual conditions , whose effect is to exclude or limit the use of the data , or certain categories thereof , by the data holder. this regulation should also not prevent sector-specific regulatory requirements under union law , or national law compatible with union law , which would exclude or limit the use of certain such data by the data holder on well-defined public policy grounds.


### (24) this regulation imposes the obligation on data holders to make data available in certain circumstances. insofar as personal data are processed , the data holder should be a controller under regulation (eu) 2016/679. where users are data subjects , data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this regulation. however , this regulation does not create a legal basis under regulation (eu) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. this applies in particular where the manufacturer is the data holder. in that case , the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. this agreement may be part of the sale , rent or lease agreement relating to the product. any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be transparent to the user , including as regards the purpose for which the data holder intends to use the data. this regulation should not prevent contractual conditions , whose effect is to exclude or limit the use of the data , or certain categories thereof , by the data holder. this regulation should also not prevent sector-specific regulatory requirements under union law , or national law compatible with union law , which would exclude or limit the use of certain such data by the data holder on well-defined public policy grounds. ### (24) this regulation imposes the obligation on data holders to make data available in certain circumstances. insofar as personal data are processed , the data holder is a controller pursuant to regulation (eu) 2016/679. where users are data subjects , data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this regulation. however , this regulation does not create a legal basis under regulation (eu) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. this applies in particular where the manufacturer is the data holder. the performance of a contract can only be a legal ground for processing of personal data if the data subject is a party or if steps are being taken at the request of the data subject prior to entering into a contract. the necessity requirement for processing personal data for the performance of a contract pursuant to article 6(1)(b) of regulation (eu) 2016/679 can not be fulfilled by merely providing for processing in a contractual clause. assessing what is objectively necessary must be fact-based , and this legal ground should be allowed only in situations where it is not possible to perform service or provide product which the data subject has actively requested or signed up for without processing of specific data. personal data necessary for the controller’s wider business mode but not necessary for the individual services requested by the data subject , do not fulfil this requirement. the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. this agreement may be part of the sale , rent or lease agreement relating to the product. any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be transparent to the user , including as regards the purpose for which the data holder intends to use the data. this regulation should not prevent contractual conditions , whose effect is to exclude or limit the use of the data , or certain categories thereof , by the data holder. this regulation should also not prevent sector-specific regulatory requirements under union law , or national law compatible with union law , which would exclude or limit the use of certain such data by the data holder on well-defined public policy grounds.