### 4. member states shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer 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 likely to be met in the manner required under that agreement. ### 4. member states shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer 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 likely to be met in the manner required under that agreement.


### 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. ### deleted


### 7. member states shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and , where applicable , of the fact that the assessment of creditworthiness is based on automated processing of data. ### 7. member states shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and , where applicable , of the fact that the assessment of creditworthiness is based on automated processing of data. consumers whose applications are rejected or receive less favourable conditions compared to standard contracts are to have access to a national out-of-court dispute resolution body. with regard to requirements such as independence and professional competence , the directive 2013/11 eu on alternative dispute resolution must be observed.


### 9. member states whose legislation requires creditors or providers of crowdfunding credit services to assess the creditworthiness of consumers on the basis of a consultation of the relevant database may retain this requirement. ### 9. member states whose legislation requires creditors or providers of crowdfunding credit services to assess the creditworthiness of consumers on the basis of a consultation of the relevant database may retain this requirement. however , the assessment must be based on sufficient information to adequately assess the consumer’s household budget , meaning that it cannot be based simply on a consumer’s credit history (information on past arrears and payment defaults).


### 4. where the credit application is rejected on the basis of a consultation of a database referred to in paragraph 1 , member states shall require that the creditor or the provider of crowdfunding credit services informs the consumer immediately and free of charge of the result of such consultation and of the details of the database consulted. ### 4. where the credit application is rejected on the basis of a consultation of a database referred to in paragraph 1 , member states shall require that the creditor or the provider of crowdfunding credit services informs the consumer immediately and free of charge of the result of such consultation and of the details of the database consulted. as well as the categories of data taken into account.


### the total amount of credit and the conditions governing the drawdown; ### the total amount of credit and the conditions governing the drawdown , as well as the amount drawn down by the consumer;


### the amortisation table shall also contain a breakdown of each repayment specifying the capital amortisation , the interest calculated on the basis of the borrowing rate and , where applicable , any additional costs. ### the amortisation table shall also contain a breakdown of each repayment specifying the capital amortisation , the interest calculated on the basis of the borrowing rate and , where applicable , any additional costs. where an amortisation table is requested during the lifetime of the credit agreement , the initial balance shall take into account all payments made and interest and charges paid up to the time of the request.


### 1. where a credit has been granted in the form of an overdraft facility , member states shall require that the creditor , throughout the duration of the credit agreement , keeps the consumer regularly informed by means of statements of account , on paper or on another durable medium , containing the following elements: ### 1. where a credit has been granted in the form of an overdraft facility , member states shall require that the creditor , throughout the duration of the credit agreement , keeps the consumer informed at least once a month by means of statements of account , on paper or on another durable medium , containing the following elements:


### 2. where a credit has been granted in the form of an overdraft facility , member states shall require that the creditor informs the consumer , on paper or another durable medium , of increases in the borrowing rate or in any charges payable , before the change in question enters into force. ### 2. where a credit has been granted in the form of an overdraft facility , member states shall require that the creditor informs the consumer , on paper or another durable medium , of increases in the borrowing rate or in any charges payable , at least 2 working days before the change in question enters into force.


### 2. in the event of a significant overrunning exceeding a period of one month , member states shall require that the creditor informs the consumer without delay , on paper or on another durable medium , of all of the following: ### 2. in the event of a overrunning exceeding a period of two weeks , member states shall require that the creditor informs the consumer without delay , on paper or on another durable medium , of all of the following:


### 1. member states shall ensure that a consumer who has exercised the right of withdrawal based on union law , concerning a contract for the supply of goods or services she or he shall no longer be bound by a linked credit agreement. ### 1. member states shall ensure that the cooling-off period referred to in article 26(7) is respected and that a consumer who has exercised the right of withdrawal under article 26 or based on union law , concerning a contract for the supply of goods or services she or he shall no longer be bound by a linked credit agreement.


### (1) member states shall ensure that the consumer is at any time entitled to early repayment. in such cases , the consumer shall be entitled to a reduction in the total cost of the credit , consisting of the interest and the costs for the remaining duration of the contract. when calculating that reduction , all the costs imposed on the consumer by the creditor shall be taken into consideration. ### (1) member states shall ensure that the consumer is at any time entitled to early repayment. in such cases , the consumer shall be entitled to a reduction in the total cost of the credit , consisting of the interest and the costs for the remaining duration of the contract. when calculating that reduction , all the costs imposed on the consumer by the creditor or by third parties shall be taken into consideration.


### 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. ### 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. however , this compensation should not exceed the amount of interest that the consumer would have paid during the period between the early repayment and the agreed date of termination of the credit agreement.


### caps on interest rates , annual percentage rate of charge and the total cost of the credit to the consumer ### caps on the annual percentage rate of charge to the consumer


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


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


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


### the annual percentage rate of charge; ### deleted


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


### (2) member states may introduce additional caps for revolving credit facilities. ### (2) member states shall introduce additional caps for revolving credit facilities.


### 4. member states shall ensure that where creditors , credit intermediaries or providers of crowdfunding credit services provide advisory services the remuneration structure of the staff involved does not prejudice their ability to act in the consumer’s best interest and is not contingent on sales targets. in order to achieve that goal , member states may also ban commissions paid by the creditor to the credit intermediary. ### 4. member states shall ensure that where creditors , credit intermediaries or providers of crowdfunding credit services provide advisory services the remuneration structure of the staff involved does not prejudice their ability to act in the consumer’s best interest and is not contingent on sales targets. in order to achieve that goal , member states may also ban commissions or any other specific forms of compensation , monetary or not , contingent on the number or proportion of or accepted applications for credit paid by the creditor to the credit intermediary.


### 1. member states shall promote measures that support the education of consumers in relation to responsible borrowing and debt management , in particular in relation to consumer credit agreements. clear and general information on the credit granting process shall be provided to consumers in order to guide them , in particular those who take out a consumer credit for the first time , and especially on digital tools. ### 1. member states shall promote measures that support the education of consumers in relation to responsible borrowing and debt management , in particular in relation to consumer credit agreements , and general knowledge about budget management. clear and general information on the credit granting process shall be provided to consumers in order to guide them , in particular those who take out a consumer credit for the first time , and especially on digital tools. these measures shall be taken in cooperation with consumer organisations , namely those who provide debt support services. member states shall also disseminate information regarding the guidance that consumer organisations and national authorities may provide to consumers. this paragraph shall not prevent member states from providing for additional financial education.


### 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 , where appropriate , reasonable forbearance before enforcement proceedings are initiated. such forbearance measures shall take into account , among other elements , the consumer’s circumstances and shall consist in at least one or more of the following possibilities ,


### 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. ### deleted


### 3. member states may require that , where the creditor is permitted to define and impose charges on the consumer arising from a default , those charges are no greater than is necessary to compensate the creditor for costs it has incurred as a result of the default. ### 3. member states shall require that , where the creditor is permitted to define and impose charges on the consumer arising from a default , those charges are no greater than is necessary to compensate the creditor for costs it has incurred as a result of the default.


### (3) member states may require that , where the creditor is permitted to define and impose charges on the consumer arising from a default , those charges are no greater than is necessary to compensate the creditor for costs it has incurred as a result of the default. ### (3) member states shall require that , where the creditor is permitted to define and impose charges on the consumer arising from a default , those charges are no greater than is necessary to compensate the creditor for costs it has incurred as a result of the default.


### (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. 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


### 1. member states shall ensure that the consumer , in the event of assignment to a third party of the creditor's rights under a credit agreement or an agreement for the provision of crowdfunding credit services , or of the agreement itself , is entitled to plead against the assignee any defence which was available to him or her against the original creditor , including set-off where such defence is permitted in the member state concerned. ### 1. member states shall ensure that the consumer , in the event of assignment to a third party of the creditor's rights under a credit agreement or an agreement for the provision of crowdfunding credit services , or of the agreement itself , is entitled to plead against the assignee any defence which was available to him or her against the original creditor , including set-off where such defence is permitted in the member state concerned. member states shall expressly prohibit the assignment of credit which can no longer be recovered in court or where the legal basis of the credit can no longer be demonstrated.


### 2. member states shall require that the original creditor or the provider of crowdfunding credit services inform the consumer of the assignment referred to in paragraph 1 , except where the original creditor , by agreement with the assignee , continues to service the credit vis-à-vis the consumer. ### 2. member states shall require that the original creditor or the provider of crowdfunding credit services inform the consumer of the assignment referred to in paragraph 1 , except where the original creditor ,by agreement with the assignee , continues to service the credit vis-à-vis the consumer. such information shall take the form of a formal notification to be provided no later than 48 hours after the conclusion of the contract formalising the assignment. the notification should be provided in writing , and indicate in a clear and comprehensive manner , all relevant information , including:(i) the identity and legal address of the creditor , (ii) the identity and legal address of the purchaser , (iii) where applicable , the identity and legal address of the credit servicer , (iv) the legal basis of the debt , including the possibility to access all documents that justify the amount due (contract , amortization schedule , etc.) (v) a break-down of the amount due in the form of an account balance (with the total amount due , including principal , interest , penalties , incidental expenses) , (vi) the terms of payment of the debt; (vii) where applicable , the purchase price and information on the consumer’s buy-back right;(viii) the competent supervisory authority and procedure to follow in case of complaints. powers should be delegated o the european commission to adopt and , where necessary amend , regulatory technical standards to stipulate the format and presentation of the notification form in accordance with articles 10 to 14 of regulation (eu) no 1093/2010. the european banking authority (eba) shall develop draft regulatory technical standards to stipulate the format and presentation of the notification form to be submitted to the commission by xx and reviewed every two years thereafter.


### (38) member states should have the possibility to regulate the potentially binding character of the information to be provided to the consumer prior to the conclusion of the credit agreement or the crowdfunding credit services and the period of time during which the creditor or the provider of crowdfunding credit services is to be bound by it. ### (38) consumers should receive binding or non-binding credit offers as set out on the standard european consumer credit information form (annex i). member states should have the possibility to regulate the period of time during which the creditor or the provider of crowdfunding credit services is to be bound by it.


### (41) as a general rule , tying practices should not be allowed unless the financial service or product offered together with the credit agreement or crowdfunding credit services could not be offered separately as it is a fully integrated part of the credit , for example in the event of an overdraft facility. while , taking into account proportionality considerations , creditors or providers of crowdfunding credit services should be able to require the consumer to have a relevant insurance policy in order to guarantee repayment of the credit or to insure the value of the security , the consumer should have the opportunity to choose his or her own insurance provider. this should not prejudice the credit conditions set by the creditor or the provider of crowdfunding credit services , provided that the insurance policy of that provider has an equivalent level of guarantee as the insurance policy proposed or offered by the creditor or providers of crowdfunding credit services. moreover , member states should have the possibility to standardise , wholly or in part , the cover provided by insurance contracts in order to facilitate comparisons between different offers for consumers who wish to make such comparisons. ### (41) as a general rule , tying practices should not be allowed unless the financial service or product offered together with the credit agreement or crowdfunding credit services could not be offered separately as it is a fully integrated part of the credit , for example in the event of an overdraft facility. while , taking into account proportionality considerations , creditors or providers of crowdfunding credit services should be able to require the consumer to have a relevant insurance policy in order to guarantee repayment of the credit or to insure the value of the security , the consumer should have the opportunity to choose his or her own insurance provider. this should not prejudice the credit conditions set by the creditor or the provider of crowdfunding credit services , provided that the insurance policy of that provider has an equivalent level of guarantee as the insurance policy proposed or offered by the creditor or providers of crowdfunding credit services. moreover , member states should have the possibility to standardise , wholly or in part , the cover provided by insurance contracts in order to facilitate comparisons between different offers for consumers who wish to make such comparisons. creditors should not use bundling practices which de facto remove consumer choice and lead to prohibited tying (for example due to disproportionate terms and conditions when purchasing the loan or the ancillary product separately). credit 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.


### (44) credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. in this regard , unsolicited sale of credit , including non-requested pre-approved credit cards sent to the consumers , or the unilateral increase of a consumers’ overdraft or credit card limit , should be prohibited. ### (44) credit offers or credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. in this regard , member states shall prohibit (i) unsolicited sales of credit , including non-requested pre-approved credit cards sent to the consumers , or the unilateral increase of a consumers’ overdraft or credit card limit , and (ii) unsolicited credit offers , including visits by the creditor or credit intermediary to the consumer’s place of residence or place of employment , on the occasion of which a credit offer is made to the consumer , without the prior express consent of the consumer; and the creditor or credit intermediary sending to a consumer , by any means of communication , a credit offer , a credit contract , or a payment instrument , without the prior request or express consent of the consumer or apre-existing legal or contractual obligation.


### (46) it is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. that assessment of creditworthiness should be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit. member states should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness , for example by setting limits on loan-to-value or loan-to-income ratios. ### (46) it is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. that assessment of creditworthiness should be done in the interest of the consumer ,to prevent irresponsible lending practices and over-indebtedness , and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit , as well as a consumer’s ability to afford the credit. member states should be able to issue additional guidance on additional criteria and methods to assess a consumer’s credit worthiness , for example by setting limits on loan-to-value or loan-to-income ratios. reasonable allowances should be made for committed and other non-discretionary expenditures such as the consumers’ actual obligations , including appropriate substantiation and consideration of the living expenses of the consumer and his/her household. prudent allowances should also be made for future events during the term of the proposed credit agreement such as a reduction in income or , where applicable , an increase in the borrowing rate or negative change in the exchange rate , or deferred payments of principal or interest. in the case of variable rates , the maximum possible increase should be taken into account.


### (47) the assessment of creditworthiness should be based on information on the financial and economic situation , including income and expenses , of the consumer. the european banking authority guidelines on loan origination and monitoring (eba/gl/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes , which include evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. personal data , such as personal data found on social media platforms or health data , including cancer data , should not be used when conducting a creditworthiness assessment. consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. in principle , credit should only made available to the consumer 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 likely to be met in the manner required under that agreement. however , should such assessment be negative , the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer , or in case of loans to fund exceptional healthcare expenses , students loans or loans for consumers with disabilities. in such case , when deciding on whether or not to make the credit available to the consumer , the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit , and the likelihood that the obligations resulting from the agreement will be met. ### (47) the assessment of creditworthiness should be based on information on the financial and economic situation , including income and expenses , of the consumer. the european banking authority guidelines on loan origination and monitoring (eba/gl/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes , which include evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. personal data , such as personal data found on social media platforms or health data , including cancer data , should not be used when conducting a creditworthiness assessment. consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. in principle , credit should only made available to the consumer 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 likely to be met in the manner required under that agreement. the creditor's decision and his detailed justification for granting such a credit should be duly documented. member states shall ensure that the creditworthiness assessment and corresponding re-payment plans are tailored to the borrower’s specific profile and repayment capacity , including in the case of the most vulnerable consumers. in particular , where a creditor or a provider of crowdfunding credit services fulfils a social purpose as required by national law , the specificities of the loan such as its nature , maturity and interest rate , as well as the re-payment plan should fit the borrower’s specific profile. creditors should be held liable and be subject to appropriate penalties in case of a breach of the requirements surrounding the creditworthiness assessment. consumers should have access to proportionate and effective remedies including compensation for damage suffered by the consumer. those remedies should be without prejudice to the application of other remedies available to consumers under union or national law.


### (47) the assessment of creditworthiness should be based on information on the financial and economic situation , including income and expenses , of the consumer. the european banking authority guidelines on loan origination and monitoring (eba/gl/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes , which include evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. personal data , such as personal data found on social media platforms or health data , including cancer data , should not be used when conducting a creditworthiness assessment. consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. in principle , credit should only made available to the consumer 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 likely to be met in the manner required under that agreement. however , should such assessment be negative , the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer , or in case of loans to fund exceptional healthcare expenses , students loans or loans for consumers with disabilities. in such case , when deciding on whether or not to make the credit available to the consumer , the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit , and the likelihood that the obligations resulting from the agreement will be met. ### (47) the assessment of creditworthiness should be based on information on the financial and economic situation , including income and expenses , of the consumer. the european banking authority guidelines on loan origination and monitoring (eba/gl/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes , which include evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. at the same time , the extent of the check should be proportional to the amount of the credit given and , thus , the proportionality should be defined by eba. personal data , such as personal data found on social media platforms or health data , including cancer data , should not be used when conducting a creditworthiness assessment. consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. in principle , credit should only made available to the consumer 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 likely to be met in the manner required under that agreement. however , should such assessment be negative , the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer , or in case of loans to fund exceptional healthcare expenses , students loans or loans for consumers with disabilities. in such case , when deciding on whether or not to make the credit available to the consumer , the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit , and the likelihood that the obligations resulting from the agreement will be met.


### (47) the assessment of creditworthiness should be based on information on the financial and economic situation , including income and expenses , of the consumer. the european banking authority guidelines on loan origination and monitoring (eba/gl/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes , which include evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. personal data , such as personal data found on social media platforms or health data , including cancer data , should not be used when conducting a creditworthiness assessment. consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. in principle , credit should only made available to the consumer 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 likely to be met in the manner required under that agreement. however , should such assessment be negative , the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer , or in case of loans to fund exceptional healthcare expenses , students loans or loans for consumers with disabilities. in such case , when deciding on whether or not to make the credit available to the consumer , the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit , and the likelihood that the obligations resulting from the agreement will be met. ### (47) the assessment of creditworthiness should be based on information on the financial and economic situation , including income and expenses , of the consumer. the european banking authority guidelines on loan origination and monitoring (eba/gl/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes , which include evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. personal data , such as personal data found on social media platforms or health data , including cancer data , should not be used when conducting a creditworthiness assessment. consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. in principle , credit should only made available to the consumer 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 likely to be met in the manner required under that agreement. however , should such assessment be negative , the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer , or in case of loans to fund exceptional healthcare expenses , students loans or loans for consumers with disabilities. in such case , when deciding on whether or not to make the credit available to the consumer , the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit , and the likelihood that the obligations resulting from the agreement will be met. however , a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.


### (49) to assess the credit status of a consumer , the creditor or the provider of crowdfunding credit services should also consult credit databases. the legal and actual circumstances may require that such consultations vary in scope. to prevent any distortion of competition among creditors or providers of crowdfunding credit services , they should have access to private or public credit databases concerning consumers in a member state where they are not established under non-discriminatory conditions compared with creditors or providers of crowdfunding credit services established in that member state. member states should facilitate the cross-border access to private or public databases , in compliance with the regulation (eu) 2016/679 of the european parliament and of the council33 . to enhance reciprocity , credit databases should as a minimum hold information on consumers’ arrears in payment , in accordance with union and national law. ### (49) to assess the credit status of a consumer , the creditor or the provider of crowdfunding credit services should also consult credit databases. the legal and actual circumstances may require that such consultations vary in scope. to prevent any distortion of competition among creditors or providers of crowdfunding credit services , they should have access to private or public credit databases concerning consumers in a member state where they are not established under non-discriminatory conditions compared with creditors or providers of crowdfunding credit services established in that member state. member states should facilitate the cross-border access to private or public databases , in compliance with the regulation (eu) 2016/679 of the european parliament and of the council33. to enhance reciprocity , accuracy and quality , credit databases should as a minimum hold information on all of the consumers’ arrears in credit re-payment , in accordance with union and national law. only data needed for the assessment of creditworthiness - based on the eba guidelines on loan origination and monitoring - should be collected in the databases. compliance with these obligations should be regularly verified through audits by national competent authorities.


### (51) this directive does not regulate contract law issues related to the validity of credit agreements or agreements for the provision of crowdfunding credit services. therefore , in that area , the member states may maintain or introduce national provisions which are in conformity with union law. member states may regulate the legal regime governing the offer to conclude the credit agreement or the agreement for the provision of crowdfunding credit services , in particular when it is to be given and the period during which it is to be binding on the creditor or the provider of crowdfunding credit services. if such an offer is made at the same time as the pre-contractual information provided for by this directive , it should , like any additional information the creditor or the provider of crowdfunding credit services may wish to give to the consumer , be provided in a separate document. that separate document may be annexed to the standard european consumer credit information. ### (51) this directive does not regulate contract law issues related to the validity of credit agreements or agreements for the provision of crowdfunding credit services. therefore , in that area , the member states may maintain or introduce national provisions which are in conformity with union law. however , member states will require that consumers receive binding or non-binding offers to conclude the credit agreement as set out on the standard european consumer credit information form (annex i). member states may regulate when an offer is made and the period during which it is to be binding on the creditor or the provider of crowdfunding credit services.


### (56) consumers should have a right of withdrawal without penalty and with no obligation to provide justification. however , the right of withdrawal should not be used in bad faith. ### (56) consumers should have a right of withdrawal without penalty and with no obligation to provide justification. consumers should also have a no-charge right of withdrawal if they have concluded a credit intermediation agreement without a credit agreement having been concluded. in the case of suretyship agreements , too , under which consumers assume liability for third-party consumer credit in the form of securities , pledges or guarantees , a cooling-off phase is necessary , and it should be made possible to withdraw declarations of liability.


### (76) assignment of the creditor's rights under a credit agreement or an agreement for the provision of crowdfunding credit services should not have the effect of placing the consumer in a less favourable position. the consumer should also be properly informed when the credit agreement or the agreement for the provision of crowdfunding credit services is assigned to a third party. however , where the initial creditor , in agreement with the assignee , continues to service the credit vis-à-vis the consumer , the consumer has no significant interest in being informed of the assignment. therefore , a requirement at union level that the consumer be informed of the assignment in such cases would be excessive. ### (76) assignment of the creditor's rights under a credit agreement or an agreement for the provision of crowdfunding credit services should not have the effect of placing the consumer in a less favourable position. creditors should not be able to transfer credit contracts which can no longer be enforced or have no proven legal basis. the consumer should also be properly informed via a standard notification form no later than 48 hours after the conclusion of the contract formalising the assignment to a third party. however , where the initial creditor , in agreement with the assignee , continues to service the credit vis-à-vis the consumer , the consumer has no significant interest in being informed of the assignment. therefore , a requirement at union level that the consumer be informed of the assignment in such cases would be excessive.


### credit agreements which are the outcome of a settlement reached in court or before another statutory authority; ### deleted


### credit agreements where the consumer is requested to deposit an item as security in the creditor's safe-keeping and the liability of the consumer is strictly limited to that deposited item; ### deleted


### (6) member states may determine that only articles 1 , 2 and 3 , articles 7 and 8 , article 11 , article 19 , article 20 , article 21(1) , points (a) to (h) , (l) and (r) , article 21(3) , article 23 , article 25 , articles 28 to 38 and articles 40 to 50 shall apply to credit agreements which provide for arrangements to be agreed by the creditor and the consumer in respect of deferred payment or repayment methods , where the consumer is already in default on the initial credit agreement and where the following conditions are fulfilled: ### (6) member states may determine that only articles 1 , 2 and 3 , article 11 , article 19 , article 20 , article 21(1) , points (a) to (i) , (l) and (m) , article 21(3) , article 23 , article 25 , article 26 , article 28 , articles 29 to 38 , article 39 and articles 40 to 50 shall apply to credit agreements which provide for arrangements to be agreed by the creditor and the consumer in respect of deferred payment or repayment methods , where the consumer is already in default on the initial credit agreement and where the following conditions are fulfilled:


### the arrangement is likely to avert the possibility of legal proceedings concerning the default of the consumer; ### deleted


### the consumer would not by entering into the arrangement be subject to terms less favourable than those laid down in the initial credit agreement. ### deleted


### 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 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 which are sold simultaneously are also included in the total cost of the credit to the consumer;


### 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


### (2) the standard information shall be easily legible or clearly audible , as appropriate , and adapted to the technical constraints of the medium used for advertising and shall specify in a clear , concise and prominent way , by means of a representative example , all of the following elements: ### (2) the standard information shall be easily legible or clearly audible , as appropriate , and adapted to the technical constraints of the medium used for advertising. it shall be presented in a list and not in running text in small print. the annual percentage rate of charge shall be particularly visually prominent.


### in specific and justified cases where the medium used to communicate the standard information referred to in the first subparagraph does not allow the information to be visually displayed , points (e) and (f) in that subparagraph shall not apply. ### creditors or advertisers shall proceed on the basis of an annual percentage rate of charge that gives them reasonable expectation of concluding at least two thirds of the agreements resulting from the advertising concerned at the stated or at a lower annual percentage rate of charge.


### the total amount of credit; ### the total amount of credit; the amount drawn down;


### the duration of the credit agreement or crowdfunding credit services; ### the duration of the credit agreement or crowdfunding credit services; the amount of the monthly loan instalment;


### the borrowing rate , or all borrowing rates if different borrowing rates apply in different circumstances; ### the borrowing rate , or all borrowing rates if different borrowing rates apply in different circumstances; indication as to whether interest is fixed or variable;


### costs in the case of late payments; ### 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. ### deleted


### 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.


### 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; ### credit intermediaries shall consider a sufficiently large number of credit agreements or crowdfunding credit services available on the market;


### 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 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 may impose more stringent requirements for the provision of advisory services of crowdfunding credit services.


### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data for consumers , businesses and society. high quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity. ### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data for consumers , businesses and society. high quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity , while respecting users’ choices and applicable legislation to protect them.


### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data for consumers , businesses and society. high quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity. ### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data for consumers , businesses and society. high-quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity , while respecting users’ choices and applicable legislation to protect them.


### (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 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.


### (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 , protect consumers and to remove unjustified 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 , 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 contribute to the digital transition of the union , a comprehensive harmonisation at union level is needed to ensure fairness in the allocation of value from data among all actors in the data economy as well asto avoid fragmentation resulting from national legislation , and therefore to create trust in the data sharing environment. moreover , to foster access to and use of data. 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.


### (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 data subjects and 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 , including by sharing them with third parties and for the purposes 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 users , micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec and for all other types of enterprises , including start-ups. 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 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 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 and ensure the protection of that data. 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 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 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 to respond to , prevent , or assist in the recovery from a public emergency. 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.


### (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 or national law adopted in accordance with such union law , the relevant union or national law on the protection of personal data should prevail , except where explicitly foreseen otherwise under the body of this regulation.


### (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 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 anonymisation , 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.


### (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. 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 , in order to prolong their life and avoid the need to use raw materials for the manufacture of new products.


### (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. 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 unless that data are lawfully processed using the product’s own computing capacity. 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) physical products that obtain , generate or collect , by means of their components or operating systems or embedded software , 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 with the exception of prototypes. 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.this regulation applies to products placed on the marketin the union and thus does not apply to products in development stage such as prototypes.


### (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 , 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.


### (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 , including data processed using the product’s own computing capacity.


### (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 , including data pre-processed using the product’s own computing capacity


### (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 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 each user 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 swiftly 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 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 and ensure appropriate safeguards when accessing that account during its existence. 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 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 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 each user can have access to data they it generates and only to such data. in case several manufacturers or related services providers have sold , rent out or leased products or services integrated together to the same user , the user should turn to each of the manufacturers or related service providers with who it has a contractual agreement. 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 and joint consent 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.


### (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. where on-device access is technically supported , the manufacturer shall make this means of access also available to third-party service providers or the user. access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a 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. products 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 or in an environment chosen by the user or the authorised. where either option is available , the user or third party shall choose their preferred method.


### (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 , rent , or lease of a product or the provision of a related service , clear and sufficient information should be provided by the data holder 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 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.