Insights · Rental yards · 4 min read
The EU Data Act for rental companies: who gets the machine data?
Both of you. Under the EU Data Act, the rental company that owns a connected machine and the customer who rents it are both users, so both can ask for the data the machine generates. Since 12 September 2026, new connected machines must be designed to make that data easy to reach. This is general guidance, not legal advice.
By Maarten Tak ·
Most rental fleets bought in the last few years send data somewhere. Engine hours, fuel, fault codes and positions go from the machine to the manufacturer’s portal, and the rental company sees whatever that portal shows. The EU Data Act changes who can ask for that data, and it puts a new task on the rental desk.
Below is what the Data Act means for a rental company, based on the regulation and the guide the European Rental Association published in September 2026. It is general guidance. Check your own contracts with your lawyer or your trade association.
What is the EU Data Act?
The Data Act is Regulation (EU) 2023/2854. It entered into force on 12 September 2025 and covers data from connected products, such as a machine with a telematics box, and from the services around them. It gives the people who use a connected product a right to the data that product generates, and a right to share it with a service they choose.
You can read the full text on EUR-Lex. For rental specifically, the ERA guide on the EU Data Act is the most practical starting point.
Who counts as a user in a rental?
The regulation defines a user as someone who owns a connected product or has received temporary rights to use it, for example through a rental or lease. The ERA guide draws the conclusion for rental: the rental company and the customer are typically both users.
That gives three parties around one machine:
| Party | Role under the Data Act | What it means in practice |
|---|---|---|
| Manufacturer | Usually the data holder | Receives the machine data and must give users access to it |
| Rental company | User, as owner | Can ask for the data of every connected machine in its fleet |
| Customer | User, for the rental period | Can ask for the data of the machine they rent |
The regulation sets out access rights. It does not say who owns engine hours or fault codes, so agree in the rental contract who may use them.
What can a rental company ask the manufacturer for?
As a user, you can ask the data holder, often the manufacturer, for the data your machines generate. The ERA guide says this comes free of charge to the user and without undue delay. You can also ask the data holder to share the data with a third party of your choice, for example your rental ERP or a maintenance service.
That means data that used to stay inside one brand’s portal can reach the system where you plan maintenance and rentals.
What changed on 12 September 2026?
The ERA guide puts it this way: from 12 September 2026 onwards, machines and services should be designed so users can access data directly where possible. New connected machines should come with a built-in way to reach their data.
Machines bought before that date are still covered, because the access rights apply since September 2025. For those, you ask the data holder.
What changes on the rental desk?
The regulation also says that before a contract to buy, rent or lease a connected product, the seller, rentor or lessor gives the user information about the data the product generates. For a rental company, that is you, towards your customer.
In practice, a rental company needs four things in place:
- A list of connected machines. Which machines and attachments send data, which manufacturer receives it, and what kind of data it is.
- A short data notice for renters. What data the machine generates, how the renter can reach it, and who holds it. Hand it over with the rental contract.
- One way to handle requests. One address and one owner, so a renter’s request does not get lost between the counter and IT.
- Clear contract terms. What you and the manufacturer do with data from rented machines, and how trade secrets are protected.
Our EU Data Act checklist walks through these steps in thirteen checks you can tick off and print.
Does the GDPR still apply?
Yes. Location and operator data can point to a person, and the GDPR applies next to the Data Act. A machine’s position on a customer’s site, combined with the name of the operator, is personal data. Treat it that way in your notice and your contracts.
Where does asset tracking fit in?
The Data Act covers the data a machine generates and sends to its manufacturer. Many rental companies also track their fleet themselves, so they know where each machine, attachment and container is, including the ones with no telematics at all.
When you choose a tracking vendor, the same questions apply as for a manufacturer. Where is the data hosted? Can you take your asset list and history with you? Who sees what? Hirro hosts its data on AWS in the European Union, offers a standard data processing agreement, and lets you decide what the phones report. See security at Hirro for the details, or how it fits equipment rental.
Questions
Does the EU Data Act apply to equipment rental companies?
Yes, when you own or rent out connected machines. The European Rental Association's guide says the rental company and its customer are typically both users under Article 2(12), which gives both a right to the data the machine generates.
What changed on 12 September 2026?
From that date, connected machines and related services should be designed so users can reach their data directly where that is possible. The access rights themselves apply since 12 September 2025, so older machines are covered too.
Where does Hirro keep tracking data?
Hirro hosts its data on AWS in the European Union, and a standard data processing agreement is available. You decide what the phones report: tag sightings only, or the phone's location too.
Next step See how Hirro runs a rental yard.
