16 October 2024 – Ten European associations, representing independent service providers (ISPs) in the automotive aftermarket, urge the President of the European Commission, Ursula von der Leyen, to deliver legislation on access to in-vehicle data as part of 100 days’ plan.

Read the letter below or download here.

Dear President von der Leyen,

On behalf of the consumers and businesses represented in our Independent Service Providers (ISPs) group, we extend our warm congratulations on your new term as President of the European Commission. We wish you every success over the next five years, which will be a critical time for Europe’s citizens, its economy, and collective security.

You have set out a clear and compelling mission for your Commission: doing everything possible to enhance EU competitiveness. We fully support this focus. It is vital that the EU leverages every available tool to strengthen the competitive position of European businesses, both large and small, as they navigate the twin transition of digital and green economies, and face increasing competition from outside the EU.

As you may recall from our previous correspondence, a persistent barrier to competitiveness continues to exist in the European data-driven vehicle services market. Despite promising projections from several respected forecasters, including the Commission’s own Impact Assessment, this market has underperformed in recent years. Fundamentally, competitiveness in this sector hinges on fair access to vehicle-generated data. The companies represented by the 10 ISP associations cannot compete effectively without access to this critical raw material – vehicle generated data.

This is a systemic issue, long recognised and evidenced by the Commission’s Services. In your letter from 5 April 2023, you confirmed that the Commission would propose legislation to address this issue by the end of the year. The proposal was drafted following extensive consultation with relevant stakeholders and was backed by fact-based evidence from several studies led by various DGs, including the JRC. It even received a positive opinion issued by the Regulatory Scrutiny Board on its impact assessment. However, we understand that the timing of the European elections prevented the previous Commission from adopting this proposal. We now urge you to bring forward the already-prepared proposal on access to in-vehicle data, functions, and resources as part of your first 100 days’ plan. We are ready to collaborate with you and your Services to support this critical initiative for competitiveness in the European automotive and mobility sectors.

It is essential to promote competition for all stakeholders in the automotive and mobility services market. However, it must be emphasised that the Data Act does not resolve the specific issues related to vehicle architecture, which is governed by the Type Approval Regulation. It neither resolves the systemic competition problem in our sector, nor provides the legal basis for economic investments in data-based services using in-vehicle generated data. The Data Act itself envisages complementary sector-specific legislation to allow fair access to vehicle-generated data and to unlock the full potential of the data-driven economy in support of the automotive sector’s competitiveness.

While we appreciate your Commission’s efforts to reduce and simplify regulation where possible, this must not lead to deregulation. In this case, complementary regulation is indispensable to remove barriers to competition and foster investment in services that utilise in-vehicle data. History has shown that enabling regulation – such as in aviation, rail, telecommunications, and energy – has brought significant benefits to European consumers and businesses alike.

With unfettered access to vehicle-generated data, our member companies are poised to invest in innovative services, create new jobs, and enable European citizens and businesses to benefit from safer, smarter, more sustainable, and affordable mobility solutions. In short, they will drive competitiveness, economic growth, and employment. The daily movement of people, goods, and services is, after all, a vital enabler of the European economy.

Your sincerely,

The Undersigning Associations and Company

ADPA – AIRC – CECRA – CLEPA – EGEA – ETRMA – FIA Region I – FIGIEFA – Insurance Europe – Leaseurope