As the superyacht world embraces ever greater connectivity, digitalisation and data-driven services, one legislative event looms that will necessitate a recalibration of business models, contracts and governance across the industry: Regulation (EU) 2023/2854 – the “Data Act”. The Act was published on 22 December 2023, entered into force on 11 January 2024, most obligations apply from 12 September 2025, design duties for connected products apply from 12 September 2026 and the complete prohibition of switching fees for cloud/data-processing services applies from 12 January 2027.

In this article, I set out what this means for yachts, their owners, charter operators, manufacturers and service providers, and highlight key steps the industry must take now.

What the Data Act says – in brief
At its core, the Data Act establishes harmonised rules across the EU’s internal market aimed at fair access to and use of data generated by connected products and related services.

Key elements include:

• Direct applicability across Member States as an EU regulation (see in particular Articles 1 and 50).
• User rights to access product and related service data generated by connected products they own, lease or use (Articles 4–5).
• Obligations on data-holders (for example manufacturers, service providers) to provide data in a commonly used, machine-readable format and, where technically feasible, continuously and in near real-time; free of charge for the user (Article 4).
• Obligations and limits for third parties receiving data at the user’s request (Article 6), including purpose limitation, confidentiality and cybersecurity safeguards.
• A fairness regime for B2B contract terms that unduly restrict access to or use of data (Chapter IV).
• Switching and interoperability obligations for data processing services/clouds, with the prohibition of switching fees taking full effect from 12 January 2027 (Chapter VI, Article 29(2)).
• Design obligations for connected products placed on the market from 12 September 2026 to ensure data are directly accessible to the user by default (Article 3 and Chapter II).
• Safeguards for trade secrets and for health, safety and security: access can be proportionately conditioned (for example via NDAs or secure environments) to prevent serious harm (Article 4(3)–(6)).

In short: if you own or operate a superyacht, or manufacture connected systems therein, the Data Act puts data governance and contractual strategy high on the agenda.

Why the Data Act matters for the superyacht industry
Yachts have evolved into highly connected platforms. From engine performance sensors, hybrid propulsion, IoT systems, navigation and monitoring networks to guest-experience platforms and crew connectivity, vast volumes of data are generated on board. This places the sector squarely within scope.

If you are the user of the connected product, you can obtain access to product and related service data on request – changing the landscape for OEMs, platform providers and charter businesses.

Data types and roles
On-board data typically include:

• Operational/performance data (fuel consumption, propulsion metrics, maintenance logs).
• Navigation/positional and environmental sensor data.
• Guest/crew connectivity and system-usage logs (where shore/cloud services are used).
• Service-provider data (remote diagnostics, monitoring platforms).

Under the Data Act, the key questions are: who is the “user” (owner, charterer, manager), who is the “data‑holder” (builder, OEM, platform) and under which conditions may “third parties” (yards, independent analytics providers, insurers) access data upon the user’s request? If you are the user of the connected product, you can obtain access to product and related service data on request – changing the landscape for OEMs, platform providers and charter businesses.

Business‑model impact
• Exclusive access/no-analytics clauses risk unenforceability where they are unfair under the Act’s regime.
• Remote diagnostics and predictive-maintenance providers may face new competition once owners/charterers can instruct alternative third-party analytics providers.
• Owners/charterers gain negotiation leverage by using their access rights to obtain independent analysis, optimise costs and benchmark services.
• ‘Lock-in’ strategies become riskier: suppliers should plan for interoperability, data export, switching and compliant contract architectures.

Technical and governance consequences
• Provide machine-readable exports and documented, standardised interfaces (APIs); anticipate portability and interoperability obligations.
• Remediate contract architecture across supply, warranty and service agreements; ensure fairness, clarity and lawful security measures.
• Manage international data flows and locations (including non-EU entities involved in processing) and maintain GDPR overlays for personal data.
• Implement a governance framework defining user/holder roles, request handling, third-party on-boarding and audit trails.
• Recognise risk: failure to comply invites disputes, reputational damage and potential enforcement.

Charter and owner‑use implications
• Charterers may request access to data generated during charter; contracts should anticipate access, scope and retention.
• Clarify ownership/control of data streams post‑charter; address commingling of personal and operational data; GDPR continues to apply in parallel.
• Commercial charter scenarios may see changing economics (yield optimisation, service pricing, post‑charter analytics).
• Private yachts with intermittent charter need rules distinguishing personal-use and commercial-use contexts.

This is not a mere compliance box-tick: it’s a paradigm shift in which data are both
strategic assets and shared resources.

What superyacht stakeholders must do now
A three-step strategic roadmap:

Step A – Conduct a data map and audit
• Catalogue connected systems on board (propulsion, hybrid, IoT, connectivity, monitoring, remote diagnostics).
• Map data flows: what is generated, by whom, stored where; identify access, personal vs non-personal data and mixed datasets.
• Determine user vs data‑holder vs third‑party roles; check storage location and cross-border transfers.

Step B – Revise contracts and business models
• Rework supply and platform licences to enable user access and third-party sharing; avoid unfair restrictions.
• Clarify export formats/frequencies, support levels and (where lawful) any cost elements; prepare switching clauses for data=processing services.
• Address charter-specific rules (access during and after charter; guest privacy notices; retention/deletion schedules).
• For suppliers, pivot value creation to services and openness; for owners/operators, leverage access rights to improve maintenance, performance and cost control.

Step C – Implement technical and governance readiness
• Enable machine-readable exports and robust APIs; document schemas; define secure transfer paths and role-based controls.
• Adopt proportional safeguards for trade secrets (NDAs, secure environments) and for health/safety/security concerns.
• Establish request workflows, third-party undertakings, logging and audit mechanisms; set SLAs for data availability.
• Plan for the timeline: obligations from 12 September 2025; design duties from 12 September 2026; switching-fee prohibition from 12 January 2027.

Final thoughts
The Data Act arrives as the industry navigates digital transformation, sustainability and regulatory complexity. This is not a mere compliance box-tick: it’s a paradigm shift in which data are both strategic assets and shared resources. Stakeholders who design for openness, interoperability and partnership will unlock competitive advantage; those relying on data lock-ins will find the ground shifting under their feet.

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