This report “GDPR application in the context of car connectivity” compiles the findings of an expert study commissioned by the Fédération Internationale de l’Automobile Region I and conducted by Ernst & Young Abogados, S.L.P. from July 2021 to November 2021.
The objective of this study is to provide a comprehensive analysis of the data protection and privacy legal framework applicable to the processing of data in the context of car connectivity. Through primary data and desk research, its purpose is to assess whether this framework is achieving the objectives set by the legislator, especially from the point of view of consumers, to identify challenges and opportunities, and to provide, where necessary, policy recommendations.
On this basis, the Report:
- assesses how the personal data protection and privacy legal framework applies in relation to car connectivity;
- presents the findings of two practical exercises: the distribution and analysis of a survey across different EU regions, as well as several mystery shopping experiences at vehicles’ point of sales;
- identifies and analyses areas which might present challenges and opportunities to the stakeholders involved in the automotive markets linked to connected vehicles, including (i) the analysis of different types of contractual/informative documents relevant to the processing of personal data in the context of connected vehicles; (ii) the opportunities and benefits for different actors and society derived from an effective implementation of the data portability right; and (iii) whether the conditions under which original equipment manufacturers (“OEMs”) collect, process and make their data available to third parties might create disadvantages to independent service providers (“ISPs”); and
- presents the conclusions of the Study and provides policy recommendations on how to empower consumers through legislation.