In this month’s Mobility@McDermott update, we bring insight into a recent ruling by the European Court of Justice (ECJ) that could significantly impact the auto-industry, particularly independent repairers and car manufacturers. The ruling revolves around the access to electronic vehicle data systems.
In the ruling, handed down on 5 October 2023, the ECJ decided that car manufacturers do not possess the right to impose conditions on independent repairers’ access to electronic vehicle data that are not mandated by European law. This signifies a significant development in the rampant debate revolving around data accessibility and rights, particularly within the context of the automotive industry.
The intersection of access to digital information and fair competition has become increasingly important. With this ruling, the ECJ brings into sharp focus the critical question of who ultimately wields control over a car’s digital data and by extension, the balance of power in the auto industry.
Detailed implications of the ruling are still being scrutinized. However, it is evident that the ruling will compel automakers to reassess their policies concerning data accessibility and may potentially alter relationships with independent repairers. Moreover, it clarifies the previously ambiguous regulation and enforcement nature of manufacturers’ control over vehicle data, by firmly establishing that such control should not extend beyond the requirements of the European legislation.
This news and the ruling were brought to you by McDermott Will & Emery, whose monthly update keeps the legal sectors informed on the latest developments influencing mobility and automotive industry.