Data integrity considerations

Article 11(3) makes it clear that in order for the derogation related to data to be applicable, the main function of the product needs to be data collection and supply, and that a loss of data integrity needs to be at stake. Examples of products where, for data integrity reasons, a permanent connection between the portable battery and the product is necessary are battery-powered devices used in professional weather stations or in laboratories. Their function is the continuous collection of data and where the continuity and integrity of such data is vital to that function. A similar case is batteries whose main function is to power a volatile memory itself or deliver backup functions in the internal clock of a device, such as CMOS (Complementary Metal-Oxide Semiconductor) batteries found in digital cameras, processors, sensors, and medical devices regardless of their class under Regulations (EU) 2017/745 and (EU) 2017/746 (e.g. blood glucose monitors or devices for dialysis treatments). In this case, continuity of power supply is also deemed necessary for data integrity reasons. Another example of devices that collect and supply data as their main function, and require continuity of power supply to deliver it, is on-board equipment (OBE) which is carried or installed in vehicles and is used as part of toll services, as defined in Directive (EU) 2019/520 (14). A disruption to the power supply would compromise data that is essential for calculating tolls due. Finally, the points-of-sale hardware used by the digital payments industry is another example of devices where a permanent connection with a portable battery is necessary to protect the integrity of data associated with payments, as required by the Payment Card Industry Data Security Standards (15). In a similar vein, electronic credential hardware, which allows customers to hold and transmit personal digital payment credential data to enable funds or financial assets to be received or transferred, can also be considered to fall under the data integrity derogation in Article 11(3). The derogation in Article 11(3) to the generic obligation on the removability and replaceability of portable batteries set out in Article 11(1) is not considered applicable for devices that: deliver a data collection and supply function as an additional feature (beyond its main function) or may contain a component that delivers a data collection and supply function; deliver a data collection and supply function, as a primary function, but do not pose a risk of data integrity loss, due to, for example, the presence of non-volatile memory in the device.

← d1e638-1-1__para__10 · All articles · d1e686-1-1__para →

Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.