JAKOPARTS –
ORIGINAL-QUALITY BRAKE PARTS

The so-called Data Act is intended to define future rules for access to vehicle data. The aim is to ensure that the use of data between OEMs, users and repair shops or parts dealers is fair and legally safe. For the first time, this will create a uniform legal framework for access to IoT data (Internet of Things - a network of linked objects and devices) in the aftermarket. Such data includes sensor data, operating data, metadata and diagnostic data, for example.

The regulation on harmonised rules for fair data access and fair data use (Data Act) was adopted by the Council of the European Union in November 2023. It came into force on 11 January 2024 and will become directly applicable law throughout the European Union from 12 September 2025.

What is the Data Act?

The aim is to define regulations so that data can be used more and more effectively in different areas of life. This includes, among other things, regulations for passing on data by companies to consumers or other companies, as well as obligations for data owners who are obliged to provide data under EU law (including remuneration regulations in the B2B area). 

What does the Data Act regulate in the automotive industry?

Specifically, the Data Act regulates user rights. All users of a vehicle, such as the owner, the leasing company or the fleet operator, have the right to access the data recorded during the use of the vehicle. They also have the right to pass this data on to third parties, e.g. to an independent repair shop, a parts wholesaler, insurance, etc. This provides users with more robust rights with regard to their vehicle data.

The importance for the aftermarket

Who can access which data under what conditions? By introducing harmonised rules, the Data Act aims to finally provide clarity. Until now, there have only been a number of different national regulations in place. The Data Act relies on the concept of cogeneration of data. Because this data occurs through the use of networked products. In line with this, all rights to the use of the data should also be fair. This does not mean that data must be made available free of charge, appropriate remuneration is permitted and criteria should be drawn up in guidelines. This represents real added value for the aftermarket, as workshops, parts wholesalers and service platforms receive legally secure access to relevant vehicle data for the first time. However, two conditions must be met: On the one hand, the vehicle user must agree, on the other hand, the EU Commission expects third-party providers to fulfil the necessary data processing capabilities. In other words, the OEM must provide the data, but not process it.

Criticism

According to the Gesamtverband Autoteile-Handel e.V. (GVA), the Data Act does not yet go far enough. It calls for sector-specific regulations for the automotive sector. Another criticism is that the Data Act only includes vehicle-generated data, but not vehicle functions and vehicle resources, which play an important role in vehicle diagnostics. These issues would be mitigated by an independent control for an SSL (Secure Sockets Layer).

The decision has actually already been made: From 2035 onwards, newly registered vehicles will not be allowed to emit CO2 emissions. This equates to a ban on combustion engines (petrol, diesel). But what do the people of Europe think about a ban on combustion engines? This question was posed in a representative survey by AutoScout24, the online market place for new cars, used cars and electric cars, and norstat was commissioned to carry out a survey in six EU countries. The result is clear: In many EU countries, the majority of people are against a ban on combustion engines from 2035 onwards or are in favour of postponing its introduction.

A total of 6133 people between the ages of 18 and 64 were surveyed between 19 December 2024 and 13 January 2025. These are distributed as follows: 1024 people from Germany, 1030 people from Austria, 1010 people from Belgium, 1030 people from the Netherlands, 1023 people from Italy and 1016 people from France. 

A look at the opinions in Germany

In Germany, the ban on combustion engines is not a popular prospect. 34 percent of Germans want to cancel the ban completely, with a further 20 percent in favour of at least postponing it. A further four percent are even demanding a complete ban on electric vehicles. In total, 58 percent of Germans are therefore against the ban on combustion engines in its current form. By contrast, just 34 percent support the plan. This figure is divided into 24 percent, who would like to retain the current implementation. A further ten percent is even hoping for an earlier implementation.

Opinions in Europe

The ban on combustion engines is also contentious in Austria. 61 percent of those surveyed are critical of the ban, while just 31 percent voted in favour. There is a similar picture in France: 55 percent of those surveyed want the ban to be cancelled, postponed or even want to see a complete electric car ban. In Italy, the figure is 52 percent and 48 percent in Belgium. Only in the Netherlands is the situation more balanced, with no clear majority for or against the ban. Here, 45 percent are in favour and 45 percent are against.

Age of the survey participants and rejection of the combustion ban

The older the people surveyed, the more opposed they are to a ban on combustion engines. In Germany, a total of 51 percent of the 55 years and older age group wants to see the ban on combustion engines scrapped, and 18 percent would like the measure to be postponed. An opposing picture can be seen in the 18 to 24 age group. In this group, 44 percent want to see a ban on combustion engine approvals by 2035 at the latest and just 41 percent are against the measure.

Willingness to buy electric vehicles

At the time of the survey, 28 percent of Germans believe they are less likely to purchase a new electric car than they were 12 months ago. So willingness to buy has dropped. For 56 percent of those surveyed, willingness to buy has remained the same and just 16 percent say that their willingness to buy a new electric car has increased. A similar picture can be seen in the willingness to buy a used electric car. Here, 13 percent indicate that their willingness to buy a used electric car has increased, 35 percent state that their willingness to buy has fallen and 52 percent indicate that their willingness to buy has remained the same. More and more citizens are also questioning the improved climate footprint of electric vehicles, which could also explain the reduced willingness to buy.

It's not just entire cars that are stolen - thieves are often only interested in certain parts of the car. These can then easily be sold online. The resulting cost for insurance companies is becoming increasingly expensive and generally exceeds the value of the parts themselves. The German Insurance Association (GDV) reports an increase in theft and increasing regulatory costs.

Which parts are most frequently stolen?

The total cost resulting from parts theft totalled around 124 million euros in 2024, which is nine percent more than 2023. On top of that, the unit value is also increasing, as stolen parts are often increasing in valve and becoming more expensive. By comparison: During the pandemic, parts theft fell sharply, resulting in just 91 million euros total costs due to parts theft in 2020.

On-board computers, steering wheels, airbags and navigation devices are particularly popular with thieves. Expensive rims or entire tyre kits are also often targeted by thieves. Catalysts are also a popular target on older vehicles, as the precious metals they contain, such as rhodium, platinum and palladium, currently achieve high sales values on the raw material market.

And number plates are also right at the top of the list. The motives are varied: A silly antic, the desire for an up-to-date MOT sticker or use for other criminal purposes.

The theft of entire vehicles cost over 310 million euros. Here, the thieves focus in particular on high-quality cars, SUV models and small vans. But vintage cars and classic cars are also sought-after.

Who is responsible for the damage?

The theft of parts installed or permanently connected to the vehicle is a matter for the car insurance. Specifically, third party insurance is responsible for this, which in turn is included in the comprehensive insurance cover. This means that both third party and comprehensive insurance cover the damage. Good to know: The no-claims bonus remains unaffected by this. 

What preventative measures can drivers take against this?

To prevent vehicle break-ins, it important not to leave any valuable items in the car. Anything that is not permanently connected to the vehicle is not covered by the car insurance. For example, a mobile phone left in the car or a purse will not be replaced. This also includes satellite navigation devices.

Further anti-theft measures: When leaving the car, the ignition key should always be removed, even in the event of a short period of absence, such as when refuelling. It is also important to lock or secure doors, windows, boots, sunroof and fuel cover. The roof should also be closed on convertibles. Additional mechanical protection such as gearshift lock, wheel lock, steering wheel lock, wheel clamp or electronic protection such as an alarm system or tracking systems can also help.

Particularly high-end vehicles should not be parked on the road or in unprotected carports. Lockable garages are preferrable if possible. It is also better to park the vehicle in well-lit and highly frequented places.

When locking the vehicle with radio remote control, watch for a visual signal that confirms locking. Otherwise, ignition blocks could also have prevented locking. Care is also required with keyless comfort systems. Never place the key in the vicinity of the house or apartment door or, alternatively, use a radio-tight covering, for example.