Data exchange
Article 16
1. Member States shall ensure that the building owners, tenants and managers can have direct access to their building systems’ data. Upon their consent, the access or data shall be made available to a third party, subject to the existing applicable rules and agreements. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 5. For the purposes of this Directive, building systems’ data shall include at least all readily available data related to the energy performance of building elements, the energy performance of building services, the projected lifespan of the heating systems, where available, building automation and control systems, meters, measuring and control devices and recharging points for e-mobility and be linked, where available, to the digital building logbook. 2. When laying down the rules regarding the management and exchange of data, taking into account the international standards and management format to data exchange, Member States or, where a Member State has so provided, the designated competent authorities, shall comply with the applicable Union law. The rules on the access and any charges shall not constitute a barrier or create discrimination for third parties to access building systems’ data. 3. No additional costs shall be charged to the building owner, tenant or manager for access to their data or for a request to make their data available to a third party subject to the existing applicable rules and agreements. Member States shall be responsible for setting the relevant charges for access to data by other eligible parties such as financial institutions, aggregators, energy suppliers, energy services providers and national statistical institutes or other national authorities responsible for the development, production and dissemination of European statistics. Member States or, where applicable, the designated competent authorities, shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified. Member States shall incentivise the sharing of the relevant building systems’ data. 4. The rules on access to data and data storage for the purposes of this Directive shall comply with the relevant Union law. The processing of personal data within the framework of this Directive shall be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council ( 30 ) . 5. By 31 December 2025, the Commission shall adopt implementing acts detailing interoperability requirements and non-discriminatory and transparent procedures for access to the data. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33(2). The Commission shall issue a consultation strategy, setting out consultation objectives, targeted stakeholders and the consultation activities for the development of the implementing acts.