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EU Data Act

Information pursuant to Art. 3 para. 2, para. 3 of the Data Act for connected products and related services

A. General

This notice is provided by

Dynapac Compaction Equipment AB, Industrivägen 2, 371 46 Karlskrona, Sweden, Tel.: 0455-30 60 00 , E-Mail: info@dynapac.com, insofar as it qualifies as the seller, lessor or leasing provider of the connected product or provider of the related service vis-à-vis the respective user of the connected product or related service,

- hereinafter also referred to as "Dynapac" -

and

by – insofar as it is not Dynapac – the respective seller, lessor or leasing provider of the connected product or the respective provider of the related service to the respective user of the connected product or related service,

- hereinafter also referred to as "Dynapac Authorised Dealer" -

to fulfil their respective statutory obligation to provide information pursuant to Art. 3 para. 2, para. 3 Regulation (EU) 2023/2854 of the European Parliament and of the Council on harmonised rules for fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828.

- hereinafter also referred to as the "Data Act" -

Please contact Dynapac or a Dynapac authorised dealer within the EU if you have any further questions. You can find the corresponding contact details of Dynapac at the beginning of this document. A list of authorised dealers can be found under https://dynapac.com/contact.

B. Information on connected products in accordance with Art. 3 para. 2 of the Data Act 

This information on connected products in accordance with Art. 3 para. 2 of the Data Act applies to all connected products of Dynapac in accordance with Art. 2 No. 5 of the Data Act, i.e. to an "means an item that obtains, generates or collects data concerning its use or environment and that is able to communicate product data via an electronic communications service, physical connection or on-device access, and whose primary function is not the storing, processing or transmission of data on behalf of any party other than the user".

Such connected products from Dynapac are in particular machines that contain electronic components for control, e.g. sensors, control units, displays, telemetry devices, antennas, but also retrofitted hardware components for the machines, which are subsequently installed in machines at the customer's request and contain electronic components for control described above and can be accessed here: https://dynapac.com/. The engines of the products are excluded from this, as they come from third-party manufacturers, which have to fulfil their transparency obligations separately, insofar as the motors themselves are connected products within the meaning of Art. 2 No. 5 of the Data Act.

The following headings are based on the requirements and wording of Article 3 (2) of the Data Act:

(a) the type, format and estimated volume of product data which the connected product is capable of generating:

aa) Type:

Status data: in particular data on the operating status of the machine (e.g. operating hours, ignition status, running time of the engine, idle times, operating temperatures, other meter values)

Performance data: in particular data on the performance of components (e.g. engine speed, speed, load, coolant temperature, oil pressure)

Location data (with telematics): in particular GPS coordinates, direction of travel, position, speed

Diagnostic data: in particular fault codes, warning messages, log files

Usage data: in particular data on the use of attachments or specific functions (e.g.  frequency of use) as well as compaction measured values such as EVIB, frequency, amplitude or RMV

bb) Formats:

The data is available in the following formats: SAE J1939 (PGN / SPN), UDS (ISO 14229), CanOpen, CanOpenSafety, common Ethernet protocols. Dynapac

cc) Scope:

Acquisition frequency is parameter-dependent (e.g. continuous, at certain intervals such as every 1 second and X Hz, event-based).

Granularity depends on parameters (e.g. engine hours in 0.1-hour steps, temperature in 1-degree steps).

The type, format and estimated scope of product data may vary depending on the machine type, software version, equipment and development status.

(b) whether the connected product is capable of generating data continuously and in real time:

The respective connected product is able to generate data continuously and in real time as part of its use.

(c) whether the connected product is capable of storing data on-device or on a remote server, including, where applicable, the intended duration of retention:

The respective connected product is able to store data locally on the device or on a server as part of telematics services.

The duration of storage depends on the period for which the processing is necessary for the fulfilment of the purpose, in particular within the framework of the performance of the respective contract and legal obligations. Legal retention obligations also remain unaffected.

(d) how the user may access, retrieve or, where relevant, erase the data, including the technical means to do so, as well as their terms of use and quality of service:

The stored data can only be accessed by Dynapac on the machine via a cable connection with special software, sometimes also remotely and "live" with telematics. Some values can also be displayed on the machine's display, in some cases with an input code. Data relating to the functional safety of the machine can also be read.

The user himself has no other direct access or retrieval options apart from the display, the service app or via the Fleet Management service, see C. below.

Data deletion can only be carried out by Dynapac using special software, as far as technically and operationally possible and legally permissible. The user has no possibility of data deletion.

Terms of use relating to Dynapac machines do not exist.

The quality of service, insofar as a transmission takes place, depends on the quality of the mobile and GNSS network at the respective location.

The following applies to optional hardware in general:

Optional hardware that is integrated into the machines expands the data scope of these machines. The above statements apply to such further data.

 In addition, the following applies to specific optional hardware:

No additional data is stored in the optional Nexus/Mat Manager/DynaLyzer local hardware. There is therefore no possibility of access or retrieval of any data. However, Nexus/Mat Manager/DynaLyzer local can store data in projects on the customer's tablet if activated accordingly. The customer cannot delete this data on the hardware itself, but by uninstalling the app. The data can be accessed via a data portal. Access and retrieval by the user do not take place on the hardware component itself, but in some cases via an app or a web portal, i.e. a related service, see C below.

The hardware option DynaLink can be accessed and retrieved via a data portal and an API interface. Access and retrieval on the part of the user is then also not done on the hardware component itself, but possibly via an app or a web portal, i.e. a related service, see C below.

With regard to hardware for the diagnosis of Dynapac products and their system components or for engine diagnostics, access is provided via the Dynapac software as well as a special cable or, in the case of motors, via third-party software/hardware. Dynapac diagnostics does not generate any new data but sends operating hours and time stamps to a server. The user can delete the generated log files in the software himself. The deletion of the transmitted data is feasible on the part of Dynapac, as far as technically and operationally possible and legally permissible.

For third-party diagnostic tools, reference will be made to their conditions.

The quality of service, insofar as a transmission takes place, depends on the quality of the mobile network at the respective location.

C. Information on related services pursuant to Art. 3 para. 3 of the Data Act

This information on related services pursuant to Art. 3 para. 3 of the Data Act applies to all Dynapac related services within the meaning of Art. 2 No. 6 of the Data Act, i.e. to a "digital service, other than an electronic communications service, including software, which is connected with the product at the time of the purchase, rent or lease in such a way that its absence would prevent the connected product from performing one or more of its functions, or which is subsequently connected to the product by the manufacturer or a third party to add to, update or adapt the functions of the connected product".

Such affiliated services of Dynapac can be in particular

  • Apps
  • Software
  • Digital Portals
  • Additional functions of connected products

The data controller within the meaning of the Data Act is Dynapac Compaction Equipment AB, Industrivägen 2, 371 46 Karlskrona, Sweden, see A.

The following headings are based on the requirements and wording of Art. 3 para. 3 of the Data Act:

(a) the nature, estimated volume and collection frequency of product data that the prospective data holder is expected to obtain and, where relevant, the arrangements for the user to access or retrieve such data, including the prospective data holder’s data storage arrangements and the duration of retention:

With regard to the type, scope and frequency of the collection of product data that the data holder is likely to receive, as well as access and retrieval options by the user, as well as information on storage and the duration of storage, reference may be made to the above information under B. to Art. 3 (2) of the Data Act.

(b) the nature and estimated volume of related service data to be generated, as well as the arrangements for the user to access or retrieve such data, including the prospective data holder’s data storage arrangements and the duration of retention:

The type, scope as well as access and retrieval possibilities with regard to the related service data to be generated by the user can be retrieved from the corresponding related service.

The duration of storage depends on the period for which the processing is necessary for the fulfilment of the purpose, in particular within the framework of the performance of the respective contract and legal obligations. Statutory retention obligations also remain unaffected.

(c) whether the prospective data holder expects to use readily available data itself and the purposes for which those data are to be used, and whether it intends to allow one or more third parties to use the data for purposes agreed upon with the user:

After concluding a license agreement within the meaning of Art. 4 para. 13 of the Data Act with the user, the data holder will use the user's available data for the following purposes, which also applies correspondingly to companies affiliated with it and the Dynapac authorised dealer network:

a) Performance of contracts with the user or activities related to such contracts (e.g. issuing invoices, preparation and provision of reports or analyses, financial forecasts, impact assessments, calculation of personnel benefits, anonymised evaluations of product usage, etc.);

b) Providing support, warranty or similar services or assessing claims of the user, the data holder or third parties (e.g. in relation to product malfunctions) in connection with the connected product or related service, e.g. advanced diagnostics and customer support in the event of a fault, extended service offerings;

c) Monitoring and maintaining the operability, safety, and protection of the connected product or related service and ensuring quality control;

d) Continuous improvement of the functioning of the connected product or related service;

e) The development of new products or services, including artificial intelligence (AI) solutions, by the data holder and its affiliates as well as by third parties acting on behalf of the data holder or in cooperation with other parties;

f) The merging of such data with other data or the generation of derived data for any lawful purpose, including the purpose of selling or otherwise making available such aggregated or derived data to a third party, provided that such data does not permit the identification of specific data obtained from the connected product/service or enable a third party to do so,  derive this data from the data set.

The data holder undertakes in the License Agreement not to use the Data to derive insights into the user's economic situation, assets and production methods, or into the user's use of the connected product or related service in any other way that would affect the user's commercial position in the markets in which the user operates.  None of the agreed data uses may be interpreted in such a way as to include such data use, whereby the data holder undertakes to ensure this by appropriate technical and organizational measures.

The data holder may pass on the readily available data to third parties, in particular to companies affiliated with it and to the Dynapac authorised dealer network, insofar as legally permissible, if the data is used by the third parties in particular for the aforementioned purposes. The data controller is also entitled to use third-party data processing services, such as cloud computing services, including infrastructure as a service, platform as a service and software as a service, hosting services or similar services, in order to fulfil the agreed purposes.

(d) the identity of the prospective data holder, such as its trading name and the geographical address at which it is established and, where applicable, of other data processing parties:

The data controller within the meaning of the Data Act is Dynapac Compaction Equipment AB, Industrivägen 2, 371 46 Karlskrona, Sweden, see A. Other potential data owners are not apparent. Other data processing parties result from the information provided under C., (c).

(e) the means of communication which make it possible to contact the prospective data holder quickly and communicate with that data holder efficiently:

The data controller can be reached quickly and efficiently under his communication data presented in A. and via the contact form of the website.

(f) how the user can request that the data are shared with a third party and, where applicable, end the data sharing:

The user may submit an informal request for his or her request for disclosure within the meaning of Art. 5 para. 1 of the Data Act and its termination to the ticketing system associated with the relevant system. For general inquiries info@dynapac.com can be used.

(g) the user’s right to lodge a complaint alleging an infringement of any of the provisions of Chapter II of the Data Act with the competent authority designated pursuant to Article 37 of the Data Act:

The user has the right to lodge a complaint with the competent authority referred to in Article 37 of the Data Act regarding a violation of one of the provisions of Chapter II of the Data Act.

The generally competent authority is:

Federal Network Agency (Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen)
Tulpenfeld 4
53113 Bonn
Phone: 0049 (0) 228 14-0
E-mail: info@bnetza.de

In the case of data protection issues, the following authority has special jurisdiction:

The Federal Commissioner for Data Protection and Freedom of Information
Graurheindorfer Str. 153
53117 Bonn
Phone: 0049 (0) 228 997799-0
E-mail: poststelle@bfdi.bund.de

(h) whether a prospective data holder is the holder of trade secrets contained in the data that is accessible from the connected product or generated during the provision of a related service, and, where the prospective data holder is not the trade secret holder, the identity of the trade secret holder:

The data holder is the owner of trade secrets within the meaning of the Trade Secrets Directive (EU) 2016/943, which are contained in the data that is accessible via the connected product or that is generated during the provision of a related service. 

(i) the duration of the contract between the user and the prospective data holder, as well as the arrangements for terminating such a contract:

The license agreement within the meaning of Art. 4 para. 13 of the Data Act between the data holder and the user comes into force with effect from 12.09.2025, or in the case of a later conclusion of the main contract with its effective date. The license agreement is concluded for an indefinite period of time.

Regardless of the agreed contract period, the license agreement ends:

a) with the destruction of the connected product or the permanent discontinuation of the related service, or if the connected product or related service is otherwise decommissioned or loses its ability to generate the data; or

b) if the user loses ownership of the connected product or if the user's rights in relation to the connected product under a rental, lease or similar contract or the user's rights in relation to the associated service terminate; or

c) if both parties agree to terminate the license agreement, with or without replacing it with a new agreement.

Letters b) and c) do not affect the possible contract between the data holder and a possible successor or additional user based on the license agreement.

The termination of the license agreement has the following effects:

a) The data controller shall immediately cease retrieving the generated or recorded data from the date of termination of the agreement;

b) The data holder is also entitled to use and pass on the data generated or recorded before the date of the end of the contract.

Version: 1, valid from 12.09.2025

The most recent version of this document shall apply.