Access to Data in Connected Cars and the Recent Reform of the Motor Vehicle Type Approval Regulation

AuthorWolfgang Kerber - Daniel Gill
PositionProfessor of Economics, Marburg Centre for Institutional Economics, School of Business & Economics, Philipps-University Marburg - Research Assistant, Marburg Centre for Institutional Economics, School of Business & Economics, Philipps-University Marburg
Pages244-256
2019
Wolfgang Kerber and Daniel Gill
244
2
Access to Data in Connected Cars
and the Recent Reform of the Motor
Vehicle Type Approval Regulation
by Wolfgang Kerber and Daniel Gill*
© 2019 Wolfgang Kerber and Daniel Gill
Everybody may disseminate this ar ticle by electronic means and make it available for download under the terms and
conditions of the Digital P eer Publishing Licence (DPPL). A copy of the license text may be obtain ed at http://nbn-resolving.
de/urn:nbn:de:0009-dppl-v3-en8.
Recommended citation: Wolf gang Kerber and Daniel Gill, Access to Dat a in Connected Cars and the Recent Reform of the
Motor Vehicle Type Approval Regulation , 10 (2019) JIPITEC 244 para 1.
Keywords: Data access; Internet of Things; connected cars; aftermarkets; digital economy
capable of dealing with the challenges that come
along with increased connectivity; e.g. with regard to
the new remote diagnostic, repair and maintenance
services. Therefore, an important finding of the paper
is that the transition to connected cars will require
further reform of the rules for the regulated access
to RMI (especially with regard to data access, interop-
erability, and safety/security issues). However, our
analysis also suggests that the basic approach of the
current regulated access regime for RMI in the type
approval regulation can also be a model for develop-
ing general solutions for the currently unsolved prob-
lems of access to in-vehicle data and resources in the
ecosystem of connected driving.
Abstract: The need for regulatory solutions for
access to in-vehicle data and resources of connected
cars is one of the most controversial and unresolved
policy issues. Last year the EU revised the Motor Ve-
hicle Type Approval Regulation which already entailed
a FRAND-like (fair, reasonable, and non-discrimina-
tory) solution for the access to repair and mainte-
nance information (RMI) to protect competition on
the automotive aftermarkets. However, the tran-
sition to connected cars changes the technological
conditions for this regulatory solution significantly.
This paper analyzes the reform of the type approval
regulation and shows that the regulatory solutions
for access to RMI are thus far only very insufficiently
A. Introduction
1
The current transition to connected and increasingly
automated cars has led to a policy discussion regarding
the problem of access to in-vehicle data and resources
for independent service providers in the ecosystem
of connected driving. In Europe, car manufacturers
(OEMs: original equipment manufacturers) have
exclusive control over this access through the
application of the “extended vehicle concept”,
which implies that all in-vehicle data are directly
transmitted to a proprietary server of the respective
OEM. There are wide-spread concerns that the OEMs
can use this exclusive (“monopolistic”) position to
impede and distort competition on all markets in
the ecosystem of connected driving that require
access to these input factors. Therefore, independent
service providers demand regulatory solutions that
ensure fair and undistorted competition on the
markets for aftermarket and other complementary
services, based on a level playing eld regarding
access to in-vehicle data and resources. Otherwise,
impeded access might lead to less competition and
innovation, as well as higher prices and less choice
for consumers.1
* Wolfgang Kerber: Professor of Economics, Marburg Centre
for Institutional Economics, School of Business & Economics,
Philipps-University Marburg, kerber@wiwi.uni-marburg.de.
Daniel Gill: Research Assistant, Marburg Centre for
Institutional Economics, School of Business & Economics,
Philipps-University Marburg, daniel.gill@wiwi.uni-
marburg.de. The authors declare no conicts of interest.
1 See FIGIEFA, Commission Communication on “Free Flow
JEL classification: K23, K24, L62, L86, O33

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