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EU Data Act Related Service Data Notice: Article 3(3) Guide (2026)

Learn what an EU Data Act Related Service Data Notice should contain under Article 3(3), with a practical field-by-field structure, examples and checklist.

By RegCatalogPublished 2026-09-05Updated 2026-09-05
On this page
  1. Quick answer: what is a related service under the EU Data Act?
  2. Not every app is a related service
  3. Product Data Notice vs. Related Service Data Notice
  4. Article 3(3)(a): product data the prospective data holder expects to obtain
  5. Article 3(3)(b): Related Service Data to be generated
  6. Why separating Product Data from Related Service Data matters
  7. Article 3(3)(c): data holder's intended use and third-party use
  8. Article 3(3)(d): identity of the prospective data holder
  9. Article 3(3)(e): efficient means of communication
  10. Article 3(3)(f): how the user requests third-party sharing
  11. Article 3(3)(g): right to lodge a complaint
  12. Article 3(3)(h): trade secrets
  13. Article 3(3)(i): contract duration and termination
  14. Practical Related Service Data Notice template
  15. A. Product Data expected to be obtained
  16. B. Related Service Data to be generated
  17. C. Intended use
  18. D. Data holder identity
  19. E. Contact
  20. F. Third-party sharing
  21. G. Complaint right
  22. H. Trade secrets
  23. I. Contract
  24. Can Product Data Notice and Related Service Data Notice be combined?
  25. Real Article 3(3) implementation examples
  26. Related Service Data Notice vs GDPR Privacy Notice
  27. Article 3(3) and the user's third-party rights
  28. Who should own the Article 3(3) notice internally?
  29. Article 3(3) implementation workflow
  30. Common Article 3(3) mistakes
  31. Article 3(3) checklist
  32. Frequently asked questions
  33. Next steps
  34. Primary sources and real implementation examples

Last updated: 4 September 2026

An EU Data Act Related Service Data Notice is more complicated than a Product Data Notice.

That is because Article 3(3) does not merely ask what data a device can generate. Before a contract for a related service is concluded, the provider must give the user a broader set of information covering the data the prospective data holder expects to obtain, the related-service data that will be generated, storage and retention, how the data holder intends to use the data, third-party use, contact details, user-requested sharing, complaint rights, trade secrets, and contract duration/termination.

This is why a three-field section labelled “app / provider / URL” is not enough for a serious Article 3(3) implementation.

Current manufacturer/service-provider notices make the distinction visible:

  • Signify publishes Article 3(3) notices for connected lighting services;
  • Vorwerk publishes a service notice for Cookidoo;
  • Hikvision publishes a dedicated Related Service Data Notice for Hik-Connect;
  • LEDVANCE publishes Article 3(3) pre-contractual information for several apps and cloud services;
  • Xperi publishes Article 3(3) information for TiVo-related services.

This guide explains:

  • what a “related service” is;
  • how it differs from the connected product;
  • what Article 3(3)(a)–(i) requires;
  • how to structure a Related Service Data Notice;
  • how real companies are implementing it;
  • how the notice interacts with GDPR/privacy notices;
  • a practical Article 3(3) checklist.
Using RegCatalog? The free Product Data Notice Generator supports Article 3 product-information workflows. Where a related-service module is used, it should be reviewed against the full Article 3(3) information set described here.
Important: This guide is informational, not legal advice. Whether a digital service is a “related service,” who the prospective data holder is, and which data/contractual roles apply can require fact-specific analysis.

Article 2(6) defines a related service as a digital service, other than an electronic communications service, including software, that is connected with the product at the time of purchase/rent/lease in such a way that its absence would prevent one or more functions of the connected product from operating, or that is subsequently connected by the manufacturer or a third party to add to, update or adapt the connected product's functions.

The Commission's Data Act explainer gives a simple example: a connected washing machine paired with an application that uses sensor data and adjusts the washing cycle can involve a related service.

Official explanation:

European Commission — Data Act explained

The practical test is not:

“Does the product have an app?”

It is:

“Is the digital service linked to the connected product in the way Article 2(6) describes, and does it affect product functionality?”

An app can be connected to a product without necessarily qualifying as a related service.

Examples that deserve separate analysis:

  • a generic marketing app;
  • a support/documentation app;
  • an unrelated media service;
  • an optional dashboard that does not affect any product function;
  • third-party software with no product-function relationship.

By contrast, stronger related-service patterns can include software that:

  • configures the product;
  • changes operating modes;
  • sends commands;
  • controls schedules;
  • enables remote functions;
  • updates/adapts functions;
  • provides cloud functionality necessary for the product feature.

Document the function relationship rather than using “app = related service” as a shortcut.

For the connected-product side, see:

What Is a Connected Product Under the EU Data Act?

The distinction is structural.

Product Data Notice — Article 3(2)

Focuses on the connected product and asks for:

  • type, format and estimated volume;
  • continuous/real-time generation;
  • storage/retention;
  • access/retrieval/erasure;
  • technical means;
  • terms;
  • quality of service.

Related Service Data Notice — Article 3(3)

Focuses on the related-service contract and prospective data holder and requires a broader set of information.

That can include both:

  • Product Data expected to be obtained by the prospective data holder;
  • Related Service Data that will be generated during the service.

It also asks what the data holder intends to do with readily available data and who else may use it.

That is why a company may need:

Product Notice + Related Service Notice

rather than one generic “Data Act policy.”

Article 3(3)(a): product data the prospective data holder expects to obtain

The first Article 3(3) group asks about the nature, estimated volume and collection frequency of Product Data that the prospective data holder is expected to obtain.

It also asks, where relevant, how the user can access/retrieve those data, including:

  • storage arrangements;
  • retention duration.

This is different from Article 3(2).

Article 3(2) asks what the connected product is capable of generating.

Article 3(3)(a) asks what Product Data the prospective data holder expects to obtain in connection with the related service.

Example

A smart-building controller may generate:

  • sensor values;
  • device state;
  • configuration;
  • diagnostics.

But a cloud dashboard may only receive:

  • device state;
  • selected sensor values;
  • alarms.

The related-service notice should describe what the service/data holder actually expects to obtain, not blindly copy every product-data category.

Suggested fields

  • Product Data category
  • Nature/description
  • Estimated volume
  • Collection frequency
  • User access/retrieval
  • Storage location
  • Retention

Article 3(3)(b): Related Service Data to be generated

Article 3(3)(b) separately addresses Related Service Data.

Article 2(16) defines Related Service Data around digitised user actions or events related to the connected product during provision of the related service, including data intentionally recorded by the user and data generated as a by-product of the user's action.

The notice should describe:

  • nature;
  • estimated volume;
  • access/retrieval arrangements;
  • storage;
  • retention.

Depending on the service:

  • app configuration changes;
  • account/device pairings;
  • dashboard interactions;
  • user-created schedules;
  • remote-control commands;
  • service usage events;
  • cloud-created configuration history.

Do not copy these examples as facts. They illustrate the category.

Signify's current Data Notices make this distinction explicit.

Its MasterConnect Article 3(3) notice uses separate columns for:

  • Product Data;
  • Related Service Data.

It then describes format, collection frequency, volume and other service-specific details.

See:

Signify — Data Notice for MasterConnect

Philips Hue follows a similar pattern, distinguishing Product Data from Related Service Data and explicitly saying that its Privacy Notice applies to personal data.

See:

Philips Hue Data Notice

For product-data teams, this suggests a source model with two datasets rather than one giant “data generated” list.

Article 3(3)(c): data holder's intended use and third-party use

The related-service notice must state whether the prospective data holder expects to use readily available data itself and the purposes for which the data will be used.

It must also state whether the data holder intends to allow one or more third parties to use the data for purposes agreed with the user.

This is materially broader than the Article 3(2) product notice.

Practical source fields

  • Will the data holder use readily available data? Yes/No
  • Purposes of use
  • Third-party use intended? Yes/No
  • Purposes/categories
  • Conditions/agreements with user

Real implementation: Vorwerk Cookidoo

Vorwerk's Cookidoo Article 3(3) service notice is a strong real-world example.

It describes purposes that include service performance, maintenance/security, support, product improvement and other stated business uses, and discusses third-party recipients.

See:

Vorwerk — Cookidoo Service Notice under Article 3(3)

The implementation lesson is not to copy Vorwerk's purposes. It is to make your own purposes explicit.

Article 3(3)(d): identity of the prospective data holder

The user should be told who the prospective data holder is.

Article 3(3)(d) includes:

  • identity/trading name;
  • geographical address;
  • where applicable, other data-processing parties.

This matters because the connected-product manufacturer and related-service data holder can be different entities.

Example

A hardware manufacturer could use:

  • its own cloud subsidiary;
  • a separate group company;
  • a third-party service provider.

The related-service notice should not assume the manufacturer is always the data holder.

Real implementation: LEDVANCE

LEDVANCE Article 3(3) notices identify service/data-holder entities and addresses for different tools/cloud services.

See:

LEDVANCE Article 3(3) example

Article 3(3)(e): efficient means of communication

Article 3(3)(e) requires a means of communication that allows the user to contact the prospective data holder quickly and communicate efficiently.

Useful examples:

  • dedicated email;
  • support portal;
  • Data Act request form;
  • service account support channel.

Do not bury this inside a corporate homepage.

A user should be able to understand where to ask a Data Act-related service question.

Real example

LEDVANCE publishes service-specific support/contact channels in its Article 3(3) implementation.

Article 3(3)(f): how the user requests third-party sharing

The notice needs to explain how the user can ask for data to be shared with a third party and, where applicable, how that sharing can be ended.

This connects the pre-contractual notice to one of the Data Act's central user rights: sharing data with a third party of the user's choice under the relevant Chapter II rules.

Practical fields

  • Request method
  • Third-party information required
  • Request URL/contact
  • Authentication/authorisation requirements
  • Stop-sharing mechanism where relevant

Do not say:

“Third-party sharing supported”

without explaining the route.

Real example

LEDVANCE documents that users can export/share certain configuration/dashboard data themselves in current service notices.

Hikvision's Related Service Data Notice also explains data sharing/request processes for Hik-Connect.

See:

Hikvision — Related Service Data Notice

Article 3(3)(g): right to lodge a complaint

The notice must tell users about the right to lodge a complaint concerning Chapter II infringement with the competent authority designated under Article 37.

A practical notice can include:

  • the statutory right;
  • optionally a link to the relevant authority or general Data Act authority information;
  • a general note that competent authorities vary by Member State/context.

Do not guess the competent authority if you have not verified it for the relevant jurisdiction.

The European Commission now also operates a Data Act Legal Helpdesk for questions about the Regulation, although that is not a replacement for the statutory complaint route.

See:

European Commission — Data Act Legal Helpdesk

Article 3(3)(h): trade secrets

The related-service notice must state whether the prospective data holder is the holder of trade secrets contained in relevant accessible/generated data and, where the prospective data holder is not the trade-secret holder, identify the trade-secret holder.

This is another field that simplistic “app privacy policy” implementations miss.

Practical fields

  • Relevant trade secrets present? Yes/No/Unknown
  • Prospective data holder is trade-secret holder? Yes/No
  • If no: identity of trade-secret holder

Do not use “trade secret” as a blanket reason to hide the Article 3 notice.

The Data Act contains a broader safeguard framework for trade-secret protection and data sharing.

Article 3(3)(i): contract duration and termination

The notice must disclose:

  • duration of the contract between user and prospective data holder;
  • arrangements for terminating the contract.

This is a clear example of why Article 3(3) is not simply “the Article 3(2) Product Data Notice plus an app name.”

Possible structures

  • fixed 12-month service;
  • monthly subscription;
  • indefinite until account closure;
  • connected to product ownership;
  • enterprise agreement.

Then explain termination:

  • cancel in account;
  • contact administrator;
  • terminate under master agreement;
  • delete service account;
  • other contract-specific route.

Real example

LEDVANCE's Article 3(3) templates include contract-duration/termination information.

idem telematics also publishes a detailed Article 3(3) structure including contract duration/termination.

A serious Article 3(3) notice can use the following structure.

EU Data Act Related Service Data Notice

Notice information

  • Version
  • Effective date
  • Last updated
  • Service name
  • Service name
  • Connected product(s)
  • Service provider
  • Terms URL
  • Privacy notice URL

Prospective data holder

  • Trading/legal name
  • Address
  • Contact
  • Other processing parties where applicable

A. Product Data expected to be obtained

For each category:

  • nature;
  • estimated volume;
  • collection frequency;
  • access/retrieval route;
  • storage;
  • retention.

For each category:

  • nature;
  • estimated volume;
  • access/retrieval;
  • storage;
  • retention.

C. Intended use

  • data holder expects to use readily available data? Yes/No
  • purposes
  • third-party use intended?
  • purposes agreed with user

D. Data holder identity

  • identity
  • geographical address
  • other processing parties

E. Contact

  • efficient communication method

F. Third-party sharing

  • how user requests sharing
  • how user ends sharing where applicable

G. Complaint right

  • Article 37 complaint statement
  • authority/source link where verified

H. Trade secrets

  • prospective data holder trade-secret holder?
  • other trade-secret holder identity

I. Contract

  • duration
  • termination arrangements

This structure maps much more closely to Article 3(3)(a)–(i) than a generic privacy notice.

Potentially, but the combined document must remain understandable.

There are three patterns in the market:

Separate notices

Example:

  • Product Data Notice
  • Related Service Data Notice

This is clean where product and service have different entities/data models.

Combined notice

Some companies publish one document with clearly separated product and service sections.

Generic + specific annexes

Signify uses generic and product/service-specific notices across parts of its portfolio.

The best structure depends on:

  • product portfolio;
  • service portfolio;
  • data-holder entities;
  • variation between models/services;
  • publication channels.

Do not merge simply to reduce document count.

Real Article 3(3) implementation examples

Signify / MasterConnect

Signify explicitly identifies the notice as providing information required by Article 3(3), separates Product Data and Related Service Data, and provides service-specific information.

Vorwerk / Cookidoo

Vorwerk's service notice identifies service/provider/data-holder and explains intended uses and third-party categories.

Hikvision / Hik-Connect

Hikvision publishes a Related Service Data Notice describing the connected products associated with the service and the product/related-service data framework.

LEDVANCE

LEDVANCE uses a structured, letter-by-letter Article 3(3) implementation for its app/cloud service portfolio.

Xperi / TiVo

Xperi publishes pre-contractual Article 3(3) disclosure for TiVo Smart TV-related services.

See:

Xperi EU Data Act Disclosure

These examples demonstrate that Article 3(3) is already a concrete public-document workflow.

A related-service notice can include personal and non-personal data.

GDPR still applies to personal-data processing.

Signify states this very clearly in its Data Notices: for personal data, its Privacy Notice applies and takes priority.

A service provider should therefore avoid thinking:

“We published a Data Act notice, so our privacy transparency is done.”

The two frameworks ask different questions.

Data Act notice

Focus:

  • what product/service data;
  • access;
  • storage;
  • use;
  • sharing;
  • data holder;
  • contract.

Privacy notice

Focus:

  • controller;
  • purposes/legal basis;
  • data subjects;
  • GDPR rights;
  • recipients;
  • international transfers;
  • retention;
  • other GDPR transparency.

Where personal data overlap, both analyses may apply.

See:

EU Data Act vs GDPR for Connected Products

Article 3(3) and the user's third-party rights

The Commission's Data Act explainer emphasizes that users can access data from connected products/related services and can ask data holders to share relevant data with third parties of their choice, subject to the Regulation's rules.

This explains why Article 3(3) asks for the user-facing third-party sharing route before the related-service contract is concluded.

The service provider should decide operationally:

  • how a user initiates sharing;
  • how identity/authority is checked;
  • what recipient details are needed;
  • how sharing stops;
  • how security/trade-secret/GDPR safeguards apply.

Those operational details should not be invented after the first customer request arrives.

Who should own the Article 3(3) notice internally?

This notice crosses more functions than Article 3(2).

Product / engineering

Owns:

  • service data categories;
  • collection;
  • technical access;
  • storage architecture.

Cloud/backend

Owns:

  • storage;
  • retention;
  • export;
  • APIs;
  • logging.

Owns:

  • contract duration/termination;
  • data-use terms;
  • third-party use;
  • trade-secret framework.

Privacy

Owns:

  • GDPR overlap;
  • data subjects;
  • legal basis;
  • privacy notice alignment.

Product Compliance

Coordinates:

  • Article 3 completeness;
  • publication;
  • versioning.

A spreadsheet owned only by ecommerce is unlikely to be sufficient.

Article 3(3) implementation workflow

Document what product functions depend on or are added/updated/adapted by the service.

Step 2 — identify the prospective data holder

Do not assume it is the hardware manufacturer.

Create separate data inventories.

Step 4 — document volumes/frequency/storage/retention

Use actual service architecture.

Step 5 — document intended use

Legal/product/data teams should agree on stated purposes.

Step 6 — document third-party use

State intended third-party use and user-requested sharing route.

Step 7 — add contact/complaint/trade-secret/contract fields

These are essential Article 3(3) items.

Step 8 — review GDPR overlap

Where personal data are involved, conduct a separate privacy analysis.

Step 9 — publish before contract

Article 3(3) is pre-contractual information.

Step 10 — assign update triggers

Review when:

  • service adds new data;
  • retention changes;
  • new third parties/processors are added;
  • purposes change;
  • contract duration/termination changes;
  • product-service relationship changes.

Common Article 3(3) mistakes

Apply Article 2(6).

Mistake 2: copying the Product Data Notice

Article 3(3) is broader.

Real notices often distinguish them explicitly.

Mistake 4: omitting collection frequency

Article 3(3)(a) specifically asks for it for Product Data expected to be obtained.

Mistake 5: omitting the data holder's intended use

Article 3(3)(c) requires it.

Mistake 6: listing “manufacturer” as data holder without checking

Entities can differ.

Mistake 7: omitting geographical address

Article 3(3)(d) includes it.

Mistake 8: providing no practical communication route

Article 3(3)(e) asks for efficient contact.

Mistake 9: saying third-party sharing exists without explaining how to request/stop it

Article 3(3)(f).

Mistake 10: forgetting complaint rights

Article 3(3)(g).

Mistake 11: no trade-secret statement

Article 3(3)(h).

Mistake 12: no contract duration/termination

Article 3(3)(i).

Mistake 13: using the GDPR Privacy Notice as a substitute

Different transparency framework.

Article 3(3) checklist

  • Related service identified under Article 2(6).
  • Connected product(s) identified.
  • Provider identified.
  • Prospective data holder identified.
  • Geographical address included.
  • Other processing parties reviewed.
  • Product Data expected to be obtained documented.
  • Estimated Product Data volume documented.
  • Product Data collection frequency documented.
  • Product Data access/retrieval documented.
  • Product Data storage documented.
  • Product Data retention documented.
  • Related Service Data documented.
  • Related Service Data estimated volume documented.
  • Related Service Data access/retrieval documented.
  • Related Service Data storage/retention documented.
  • Data holder own-use expectation stated.
  • Purposes stated.
  • Intended third-party use stated.
  • Efficient contact route included.
  • User-requested third-party sharing route included.
  • Stop-sharing route included where applicable.
  • Complaint right stated.
  • Trade-secret holder position stated.
  • Contract duration stated.
  • Termination arrangements stated.
  • Privacy/GDPR overlap reviewed.
  • Notice version/date assigned.
  • Update owner assigned.

Frequently asked questions

It is a practical name for the pre-contractual information required under Article 3(3) for a related service. The regulation does not require that exact document title.

A digital service, including software, connected to the product in the manner defined by Article 2(6), such that it affects product functionality at purchase or later adds/updates/adapts product functions.

No. The app's relationship to the connected product's functions matters.

How is Article 3(3) different from Article 3(2)?

Article 3(2) focuses on the connected product's data characteristics and user access. Article 3(3) adds a broader related-service/data-holder disclosure including purposes, third-party use, identity/address, complaint rights, trade secrets and contract duration/termination.

Where relevant, yes. Article 3(3) distinguishes Product Data expected to be obtained by the prospective data holder from Related Service Data that will be generated.

Who is the data holder?

That depends on the actual legal/technical arrangement. It may be the manufacturer, related-service provider, another group company or other party with the relevant rights/obligations.

Do I need to disclose intended data use?

Article 3(3)(c) asks whether the prospective data holder expects to use readily available data itself and the purposes, plus whether third parties are intended to use data for purposes agreed with the user.

Do I need a postal/geographical address?

Article 3(3)(d) includes the geographical address at which the prospective data holder is established.

Must the user be told how to request third-party sharing?

Article 3(3)(f) requires information on how the user can request sharing and, where applicable, end it.

Is there a complaint-right requirement?

Yes. Article 3(3)(g) addresses the user's right to lodge a complaint with the competent Article 37 authority.

Why does the notice mention trade secrets?

Article 3(3)(h) asks whether the prospective data holder is the trade-secret holder and, where not, the identity of the trade-secret holder.

Do I need to state contract duration?

Yes. Article 3(3)(i) addresses contract duration and termination arrangements.

Can this be combined with the Product Data Notice?

Potentially, if the structure remains clear and complete. Separate documents can be easier when product/service entities and data models differ.

No. GDPR/privacy transparency remains separate and can apply alongside the Data Act.

Next steps

For the product side:

EU Data Act Product Data Notice Guide

For a copyable Article 3(2) structure:

Product Data Notice Template

For GDPR overlap:

EU Data Act vs GDPR for Connected Products

Primary sources and real implementation examples

Primary / official

  1. Regulation (EU) 2023/2854 — EU Data Act
  2. European Commission — Data Act explained
  3. European Commission — Data Act implementation FAQs
  4. European Commission — Data Act Legal Helpdesk

Implementations

  1. Signify — Generic Data Notices
  2. Signify — MasterConnect Article 3(3) Data Notice
  3. Vorwerk — Cookidoo Article 3(3) Service Notice
  4. Hikvision — Related Service Data Notice
  5. LEDVANCE — Article 3(3) example
  6. Xperi — EU Data Act related-service disclosure

RegCatalog provides product-data tooling and informational resources. It does not provide legal advice or certification. Related-service scope and Article 3(3) obligations can depend on the actual service/product/contractual arrangement.