EU Data Act
Pre-contractual information for networked products and related services in accordance with Article 3, Section 2 and 3 of Regulation (EU) 2023/2854
Introduction
In accordance with Article 3, Section 2 and 3 of Regulation (EU) 2023/2854 (the Data Act), we would like to provide you with transparent information about our connected products and related services, the data generated on this basis, and your options for accessing it.
Data holder / Data controller
Karl Dungs GmbH & Co. KG
Karl-Dungs-Platz 1
73660 Urbach, Germany
Telephone: +49 (0)7181 804-0
Contact details for enquiries relating to Regulation (EU) 2023/2854
For enquiries regarding access to data, the disclosure of data and any questions relating to this information, please contact:
Email: dataact@dungs.com
Data Protection
Where personal data is concerned, Regulation (EU) 2016/679 (GDPR) applies.
Information on current data protection policies, the terms of our contracts and a form for exercising your right to object can be found at: www.dungs.com/en-gb/privacy-policy. You can contact our Data Protection Officer at:
Email: datenschutz@dungs.com or
mail to our postal address, marked ‘For the attention of the Data Protection Officer’
Right to lodge a complaint
You have the right to lodge a complaint with the competent authority designated under Article 37 of Regulation (EU) 2023/2854 regarding a breach of the provisions of Chapter II of the Regulation. Under the Data Protection Regulation Application and Enforcement Act (DADG), this has been the Federal Network Agency since 30 May 2026.
Timeliness
Should the details set out below change during the product’s lifespan or the term of any related service (including the intended uses), we will inform you accordingly. This information is also available at a permanent web address:
Website: www.dungs.com/en-gb/eu-data-act
Note for resellers
The product-related information on connected products provided by DUNGS is intended for users and must be made available by the relevant seller, lessor or leasing provider prior to the conclusion of the contract (Art. 3, Sec. 2). Dealers and OEM partners may and shall pass on the product-related data sheets for this purpose without modification. Information on associated services is provided by DUNGS as the provider of the associated service (Art. 3, Sec. 3).
General information
The information provided here applies to networked products and related services.
Connected products
We offer industrial products that are technically capable of generating or collecting data on usage or the environment, storing them, and transmitting them via a physical connection (e.g. fieldbus system, USB, LAN) or via internal device access (e.g. control unit, access point) or via wireless electronic communication means (e.g. Wi-Fi, Bluetooth), such as:
· Burner management systems/automatic combustion control systems
Related services
In addition to our physical, industrial products, we also offer software products that can be used for the configuration, commissioning, operation, and (remote) diagnostics and maintenance of the physical products and systems (‘operating software’, e.g. ‘MPA VisionBox’, ‘ValveDrive Config Tool’, ‘ToolBox’, …).
Article 2, Section 6 of Regulation (EU) 2023/2854 covers not only services without which the product would be unable to perform a function. It also expressly covers software that is subsequently connected to the product in order to supplement, update or adapt its functions. The Federal Network Agency explains that a connected service influences the functioning of the product, in particular through data or commands. Services that merely read data are not covered by this provision. The software products mentioned above are designed to influence the functioning of products and are classified as related services.
The control software may include optional telemetry functions, in particular for analysing product stability and the user’s interaction with the control software, whereby this data is used exclusively to improve product quality and the user experience. These services do not externally influence the functioning of the operating software or the associated physical products.
Data formats
Various data formats and communication links are used, depending on the product and the type of data. It is therefore only possible to provide a general description here. For further details, please refer to the relevant product manual or product information sheet regarding Data Act.
In the simplest case, pressure set points, statuses and faults are displayed via an on-board display and control unit.
Optional fieldbus interfaces (Modbus RTU, ProfiBus DP, ProfiNet, CAN) are usually byte/ASCII-encoded and use fixed data packets with a configurable device address.
Physical or wireless connections used for configuration or updates via control software sometimes employ proprietary and/or encrypted communication to ensure the security of the connection in terms of integrity and authenticity. Where there is a legitimate interest, we will provide the relevant data formats on request.
Data classification
The type and scope of product data vary depending on the product or system.
In the case of devices, this generally comprises application-related data, readable configuration settings/parameters relating to the function/behaviour of the devices, diagnostic data (e.g. fault log entries) and information for identification (material number, serial number, date of manufacture) and for the safe operation of the products (e.g. revision levels, operating time and switching cycle counters, operating temperature).
Control software applications can read and write the aforementioned data from the relevant devices, log them, and, at the user’s instruction, store them locally and forward them. The software applications may also record time series of selected data, where applicable, to enable visualisation over time. Software applications do not collect any data relating to the user’s interaction with the application unless the user explicitly consents to this (onboarding, opt-in). Should the user consent to the use of the application, a contractual relationship is established between the user and DUNGS. When the application is used, only anonymised data is collected.
Our products do not collect or store personal data. However, it is theoretically possible that the data collected (e.g. via a unique device identifier) could subsequently be linked to individuals (such as on-site service engineers). For example, it is possible to submit device configurations by email. In this case, the user decides locally whether to address and send the prepared email. Our operating software has no knowledge of either the sender or the recipients. Furthermore, DUNGS has no knowledge of the assignment of devices to customers’ systems or the individuals operating them, and never links this information together. We would like to point out at this stage that our customers and users of our products must ensure that the data collected and read out are not misused and are always used in accordance with the GDPR.
Estimated volume of generated data
The estimated volume of data generated by our products depends on the operating environment, the intensity of use, connected products and the wider system environment. Our products only transmit data on request, so it is up to the user to determine the volume of data. Typically, process data is updated cyclically, often at intervals ranging from a few tens of milliseconds to a few seconds. Depending on the product and communication channel, there are minimum requirements for the polling frequency (e.g. at least one packet per minute for Modbus or per ProfiBus watchdog interval). The data volume is often only a few bytes per cycle (e.g. 8 bytes every 100 ms). Under the assumptions mentioned, the data volume is less than 10 MByte/day. The data volume for temporary operations (commissioning, configuration, diagnostics) and when using software applications may be higher, but this is also the responsibility of the user. Please refer to the relevant product manual for details.
Data storage
Data is stored locally on the respective device, on either permanently integrated or removable storage media. The duration for which the data is stored depends on the specific application. The data holder is the user of the device.
Data may be deleted by authorised persons (the user) at the relevant storage location, provided that this is permitted. Configuration/parameterisation data may be reset to factory settings, but cannot be completely removed. Identification data (material number, serial number, date of manufacture) and data relating to the safe operation of the products are not intended to be deleted. Please refer to the relevant product manual for details.
Data out of related services, in the sense of configuration software, are stored locally on the user’s respective device. The user is the holder of the data.
Data from related services, in the sense of telemetry functions, is transmitted to DUNGS and stored on servers selected by DUNGS.
Retention period
Data stored in the products are generally retained until they are amended or deleted by the user. Certain data may be overwritten by more recent data during operation (e.g. rolling fault log entries or operating hours counters).
In individual cases where a related service from DUNGS is used which, with the user’s consent, stores data on external, geographically separate servers (linked services), the user of this service may at any time submit a request regarding the scope and content of the stored data via the email address given above.
Should data be stored on external, physically separate servers, it is possible to delete the data at any time by submitting a request or via a user account, where one has been set up. Otherwise, there is no limit to the retention period. You may log out or delete your user account at any time.
Personal data (where applicable) is processed in accordance with the retention periods set out in Regulation (EU) 2016/679 (GDPR).
Options for user access
Data generated or collected locally can be accessed directly on the device via an integrated control unit, where available and where provided for. In addition to accessing these data via the integrated control unit, they can also be read via a device access point using a suitable adapter, or via operating software on a PC. Furthermore, data from appropriately equipped products can be read via fieldbus interfaces. For technical reasons, not all data may be available in the same form and to the same extent at all possible access points. Please refer to the relevant product manual for details.
Data generated or collected locally within an operating software programme can be saved locally in a standard format (e.g. XML, CSV, …).
Data from telemetry services is available as a database extract upon request and where there is a legitimate interest.
Use and disclosure of non-personal data
With regard to data generated or collected locally which is not expressly provided to us by the user, e.g. by establishing (remote) access to networked products or by the user sending us configuration files, storage media or devices with permanently installed storage, we do not, as a matter of principle, have access to such data. We can and will only establish remote access if the user has explicitly consented to this in advance (e.g. remote monitoring of devices in the field). In this respect, we can only pass on data that are readily available, i.e. data that have been made accessible to us in advance by the user as the original data holder.
DUNGS will, as a general rule, only disclose data to third parties on the basis of separate agreements with the user.
Freely available data that does not constitute personal data is used by DUNGS for continuous product improvement and ongoing product monitoring. Explicit consent must be given for the use of data by DUNGS (onboarding, opt-in). This consent may be withdrawn at any time.