Dr Martin Schirmbacher

In episode 42 of the Data Navigator podcast, we speak to Dominik Ebeling (Head of Data Governance, Rolls-Royce Power Systems) about whether and how trade secrets might be embedded in IoT sensor data – and what this means in terms of the requirements under the Data Act. Specifically, we cover: - striking the right balance between data access and innovation protection, - the fridge example: how a product’s control logic can be deduced from a temperature-time series, - reverse engineering via data versus via hardware: why the effort involved is a crucial protective factor, - a practical categorisation of sensor data into four levels – from environmental variables to the protected core of innovation. - figures: at least two-thirds of sensor data is completely uncritical for disclosure – says the engine manufacturer and - the Omnibus, the Federal Network Agency and the call not to abandon the compromise between data sharing and the protection of trade secrets.

When manufacturers are required to share data, a key question arises: on what terms? The Data Act provides the answer in five letters: FRAND – Fair, Reasonable and Non-Discriminatory. What does this mean in practice?

The topic of episode 41 of the Data Navigator podcast is the perspective of a start-up whose business model is directly based on the Data Act. Our guest is Philip Schütz, founder of Data Revolution and also a data protection expert at Mercedes-Benz. Philip brings an unusual combination of skills to the table: as a political scientist, he provided academic support for the legislative process of the GDPR at Fraunhofer and subsequently worked in data protection within companies. The idea to found Data Revolution arose from his academic engagement with the Data Act as part of a commentary project on EU digital legislation. We learn exactly what Data Revolution does: the tech start-up acts as an intermediary between data owners and data users, processing the raw data required to be disclosed under the Data Act and making it usable for data users – from analysis and visualisation to integration into existing business processes. In addition, the start-up offers SMEs support with Data Act compliance from the data owner’s perspective. A key focus of the episode is on practical experiences from the agritech and vehicle data sectors. Philip reports first-hand: at one tractor manufacturer, 750 data types could be accessed as CSV downloads – but real-time access via an API was refused on the grounds of a lack of infrastructure. Another major manufacturer does provide an API, but only supplies five data types. In the vehicle data sector, meanwhile, real-time access costs between 20 and 30 euros per vehicle per month – a sum that can nip innovative business models in the bud. We discuss in detail why the Data Act has not yet taken hold in the market: many companies perceive it more as a regulatory brake than as an enabler. Even in the start-up scene, hardly anyone is familiar with the Data Act. Philip also describes how his team deals with issues such as confidentiality and the protection of trade secrets – particularly in a B2B context, customers expect their data to remain under their control. In conclusion, Philip sets out clear demands: the Federal Network Agency, as the future supervisory authority, must consistently pursue cases of non-compliance.

From 19 June 2026, companies must provide an electronic cancellation function for B2C contracts concluded online. The new Section 356a of the German Civil Code (BGB) contains detailed requirements for the design of this process and thus creates a considerable need for implementation in online retail.

The Data Act harbours many ambiguities. We have collected and answered the most frequently asked questions about the Data Act from presentations and client work. Is your question not included? Then please get in touch with us!

Are we covered by the Data Act? In case of doubt, yes. As soon as you are a manufacturer of connected products or a provider of connected services and place them on the market in the EU, you are generally covered by the Data Act.

On 26 March 2026, the Bundestag passed the Data Implementation Act (DADG). Germany has thus created the national legal framework required of member states by the EU Data Act - after a significant delay. Below we provide an overview of the background, content and fine regulations of the new law.

The topic of episode 39 of the Data Navigator Podcast is - once again - the importance of the Data Act for wind energy. Our guest is Stefan Grothe, Technical Officer at the German Wind Energy Association (BWE), the largest association in the renewable energy sector with over 17,000 members. We start with an overview of the wind energy ecosystem: Who are the typical stakeholders - from operators and managers to manufacturers and independent service providers, direct marketers and grid operators? Stefan Grothe explains why the operator structure in Germany is particularly heterogeneous - from community energy companies to large energy suppliers. One focus is on the data generated by wind turbines: Performance data, weather data, temperature, vibration monitoring and voltage data - usually as ten-minute SCADA data . What is particularly exciting is that the data flow is bidirectional - grid operators and direct marketers can also actively control turbines, for example in the event of grid bottlenecks or negative electricity prices. We discuss the new opportunities opened up by the Data Act: higher-resolution data for better condition monitoring, more precise predictions on the service life of large components and new business models for predictive maintenance. Subsystems also play an important role here - such as condition monitoring systems on gearboxes, bearings and rotor blades, whose data has often remained with the manufacturer or service provider up to now. When it comes to trade secrets and IP protection, Stefan Grothe takes a differentiated view: Reverse engineering via data analyses is conceivable in principle, but is only relevant in practice after a long period of operation, if independent service becomes possible at all. It is also clear that knowledge of the Data Act is still patchy in the industry. Finally, Stefan Grothe takes a look at the economic drivers: falling liability caps in maintenance contracts, increasing demands on electricity production costs and the growing importance of better data analyses for insurers and financiers make the Data Act strategically relevant for the industry.