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The Independent Service Providers urge the EU Commission to end the delay on access to in-vehicle data legislation

A vast majority of the automotive and mobility services ecosystem together with consumers urge the European Commission to urgently propose an effective sector-specific legislation on access to in-vehicle data

Brussels – The Independent Service Providers (ISPs) grouping have written to President von der Leyen and the relevant College of Commissioners to put an end to the repeated delays in proposing legislation on access to in-vehicle data, functions and resources. Doing so would unleash the untapped potential to create real competition in Europe’s data-driven automotive and mobility markets.

The ISP Group commented:

“The Commission committed to bringing forward access to in-vehicle data legislation in December 2020 by the end of 2021. We’re now in 2023 and the proposal has been delayed yet again. Despite six years of painstaking Commission evidence-gathering and previous strategic policy plans, the vast majority of the sector are left in limbo and investment decisions are delayed in the face of substantial market barriers that benefit just one segment of a potentially huge market.

We urge the Commission President to get this process back on track. This legislation is vital to unblock the automotive and mobility services sector market. Almost every European uses some form of mobility every day and they should be able to enjoy the benefits of data-driven innovation, choice and affordability in the automotive and mobility ecosystem. Today they can’t. The Commission must rectify this.”

The Commission has a rich history of market-enabling legislation from telecoms to aviation, rail and energy. The recent series of legislative measures part of the European Data Strategy addresses significant market distortions that will enable a more vibrant and competitive European Internet economy that is not captive to a few dominant players. Yet, it seems completely anomalous that, despite all the evidence gathered over the last six years, the European automotive and mobility ecosystem continues to face all the same market barriers and distortions that the EU itself has addressed in the wider EU Data Strategy series of regulations for the Internet economy, including the increasing dependency on the technology platforms of the hyperscalers.

The undersigned associations urge the Commission to get the regulatory process for a sector-specific regulation on ‘access to in-vehicle data & resources’ back on track immediately so that there is time for the co-legislators to scrutinise and adopt the text before the end of the Parliamentary term in May 2024.

Background

The Independent Service Providers (ISPs) grouping represents a wide range of operators in the European automotive aftermarket and mobility service providers who are investing in the development of digitalised services and data-driven innovation. However, the ISPs are currently hampered by the restricted access to data that stems from the privileged access by-design system built into the car that confers a dominant position and competitive advantage to the vehicle manufacturers.

This deprives the European mobility consumer and business user of greater choice through innovation and affordable mobility and aftermarket services. This, in turn, jeopardises European competitiveness and other political objectives, such as greater access to safer, smarter and more sustainable mobility services.

Digital services in vehicles and everyday mobility are rich in potential and can actively support and accelerate the whole EU Sustainable and Smart Mobility agenda. However, they are developing more slowly than they should in Europe because up until now, vehicle manufacturers have privileged control of the data generated by the vehicles they sell – but do not own – to the detriment of the vehicle owner. This advantage is compounded by the increasing dependency on the technology platforms of the hyperscalers. Such platforms are regulated by the EU Data Strategy series of regulations for the mainstream Internet economy, but not in the vehicle, despite their rapidly growing role in this sector in partnership with vehicle manufacturers.

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