Data Act Notice

In accordance with Article 4 of Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (“Data Act”), Users are entitled to access relevant product and related service data generated through their use of connected products or related services (“Data”). This notice only applies to data covered by the Data Act. Data falling outside this scope or governed by other legal or contractual regimes is excluded from this notice.

For the purpose of this notice:

“User” means a natural or legal person that owns, rents, or leases a connected product or receives a related service, and that is entitled to use such product or service in accordance with a contract or applicable law (as defined in Article 2(12) of the Data Act).

“Data Holder” , Nedap, means a natural or legal person, other than the User, who has the right or obligation, in accordance with Union or national law or a contract, to make available or share data generated by the use of a product or related service (as defined in Article 2(14) of the Data Act).

Subject to the conditions set out in the Data Act and applicable contractual arrangements, the following applies:

1. Data Access Requests
Data can be available through our services and/or portals. Where Data is not already available to the User via the designated user portal or exportable in a machine-readable format, the following data may be requested from the Data Holder by contacting: privacy@nedapsecurity.com

AtWork
Access events* **

Data marked with an asterisk * is also visible for the User on the platform.

Data marked with ** can only be provided for a period of up to 1 year prior to the date on which the request is granted.

All data generated through AEOS in an on-premises environment is available solely to the User. Nedap does not have access to this data and, as such, does not qualify as the Data Holder within the meaning of the Data Act. Consequently, Nedap cannot provide access to or share this data.

2. Third Party Access
Requests for access to the Data by third parties acting on behalf of the User may likewise be submitted to:
privacy@nedapsecurity.com

The Data Holder may require sufficient documentation demonstrating the User’s instruction and the identity and authorisation of the designated third party.

3. Conditions on Access
Access to data under this notice, either to the User or to a third party, may be subject to proportionate and necessary technical, organisational, or legal conditions imposed by Nedap. These conditions may be applied where required to protect Nedap’s legitimate interests, such as the security, integrity, or confidentiality of its data, infrastructure, systems or services. This applies regardless of the party requesting access or the means by which access is sought.

4. Trade Secrets
The Data Holder may restrict access to data protected as trade secrets unless and until adequate measures have been implemented to ensure the confidentiality, integrity, availability and overall protection appropriate to the nature and sensitivity of such data. These measures may include contractual, technical or organisational safeguards, as well as restrictions on further use or disclosure. If such measures cannot be implemented and/or if disclosure would compromise the confidential or proprietary nature of the protected information, the Data Holder may suspend or deny access to the requested data, in accordance with the Data Act.

4A. No data designated as trade secret
At present, no data streams have been designated as protected by trade secrets. The current status of any applicable trade secret designations is maintained and updated in this notice. Users will be notified in due time if any data stream is designated as a trade secret. Such designation may occur at the time the data stream is created or later, if new circumstances arise that render a previously non-designated data stream eligible for trade secret status.

Questions