EU Data Act Notice

This EU Data Act Notice (“Notice”) governs the sale of Connected Products and Related Services as defined by Regulation (EU) 2023/2854 (“EU Data Act”). This Notice forms part of the Agilent Terms of Sale and Terms of Service governing the sale of products and services and the license of Software by the Agilent entity (“Agilent”) to you as the Customer, or any other agreement governing the sale of Products and Service and the license of Software by Agilent to Customer including the Enterprise Terms of Use (“Agreement”). “Connected Products,” “Related Services,” “User,” “Data Holder,” shall have the meanings given under the EU Data Act

This Notice describes the types of product data, related service data, and relevant metadata if applicable, as defined by the EU Data Act (together, “Product Data”) that may be generated by Agilent products or services Customer has purchased, and explains how you may exercise rights you may have regarding Product Data.

Notice of Rights under the EU Data Act

If you as the Customer own a connected Agilent product or related services in the EU, you may have rights under the EU Data Act to access and request the sharing of certain readily-available Product Data. Subject to the terms of this Notice, Customer may have the right to request that Agilent, when acting as a data holder, provide Product Data to Customer or to share it with a third party (known as a "data recipients").

Where feasible and subject to the terms of this Notice, Agilent shall make Product Data accessible to the Customer (or third party, as applicable) to the extent required by applicable law and in a format as accessible and machine-readable as feasible. In many cases, Agilent already makes Product Data available to Customer by default and design.

Customer may contact their Agilent Account Manager, or other Agilent customer service representative, to communicate with Agilent in relation to rights and obligations under this Notice. Customer has the right to complain to a competent authority about Agilent’s compliance with the obligations under the EU Data Act.

Requests

To make a request under the EU Data Act, please use this form. Note that by making a Data Act request, you agree to treat any response from Agilent as confidential information and shall use a reasonable degree of care to prevent unauthorized use, dissemination or publication of the information.

Requests to share data with third parties must be agreed upon in writing by all parties involved, and include sufficient confidentiality, technical, and other legal protections. Agilent may charge reasonable fees for the provision of Product Data to a third party, to be agreed upon in writing.

Limitations

Agilent shall provide Product Data only in instances where Agilent acts as a “Data Holder” and Customer acts as a “User” as defined by the EU Data Act, and shall only provide Product Data for generated by those Connected Products or Related Services that Customer has purchased and has license to use. Agilent shall only provide Product Data to an authorized representative, and Agilent reserves the right to require reasonable authentication measures. Agilent shall not provide Product Data that could undermine the security of Agilent products and services as required by applicable law or pose a threat to the health, safety, or security of natural persons.

If requested Product Data contains personal data other than the personal data of the individual representative making the request, Agilent may be required to withhold personal data in order to comply with applicable data protection regulations. For more information on Agilent’s processing of personal data and how to make data subject requests, see Agilent’s privacy policy here.

Agilent shall not provide Product Data in instances where disclosure of the data would reveal Agilent’s trade secrets, other intellectual property rights, or safety and security information. Disclosure of any Product Data which is a trade secret may require additional agreement in writing with Customer and the implementation of contractual and technical and organizational measures. In the case of trade secrets where disclosure would likely cause Agilent or the third-party trade secret owner to suffer serious economic damage if disclosed, Data may be withheld. We will inform you of any decision to withhold trade secret information.

Agilent shall not provide Product Data in any other circumstances prohibited by applicable law, including Agilent’s existing contractual obligations.

Customer Obligations

Customer shall not request access or use Product Data obtained from Agilent to develop a product or service that either directly or indirectly competes with Agilent’s, nor access or use such data to derive insights about Agilent’s economic situation, assets and production methods. Customer shall not use coercive means or abuse gaps in the technical infrastructure of Agilent products, services, software, or other systems or applications designed to protect Product Data. Customer shall comply with Section 2 of Agilent’s Acceptable Use Policy associated with the Agilent entity in the Agreement as found here.

Customer shall comply with all applicable legal requirements regarding access, usage, and sharing or other disclosure of the Product Data Agilent provides to Customer, including but not limited to confidentiality and intellectual property, health, safety, security, and privacy and data protection laws and regulations.

Third Party Obligations

Customer shall not share Product Data obtained from Agilent with a third party to develop a product or service that either directly or indirectly competes with Agilent’s, nor access or use such data to derive insights about Agilent’s economic situation, assets and production methods. Customer or any third party shall not use coercive means or abuse gaps in the technical infrastructure of Agilent products, services, software, or other systems or applications designed to protect Product Data.

Miscellaneous

Agilent reserves the right to change this Notice from time to time. It is recommended that Customer periodically revisit this Notice to learn of any changes.

Please contact Agilent at data-protection.officer@agilent.com with questions regarding Agilent’s obligations under the EU Data Act. Agilent will make reasonable efforts to respond promptly to your requests in accordance with applicable law.

Types of Data Collected

Below is a summary of the types of Product Data that may be generated or collected by Agilent products and related services. The, type, format, volume, frequency, storage location, and retrieval of such data being generated is dependent on the specific Agilent products and services Customer has purchased and has license to use, and Customer’s individual use of the products and services.

Category?	Definition?	Examples?	Specific Data Points?
Instrument Usage?	Data related to how instruments are used?	Usage frequency, duration, and patterns?	Number of uses per day, average usage time per session?
Performance?	Data on tde performance of instruments?	Efficiency, accuracy, and reliability metrics?	Error rates, calibration data, performance benchmarks?
Maintenance?	Data on tde maintenance and servicing of instruments?	Service logs, maintenance schedules, and repair records?	Number of maintenance events, types of repairs, maintenance intervals?
Efficiency?	Data on tde efficiency of instruments?	Energy consumption, resource utilization?	Power usage, resource consumption rates?
Diagnostics?	Data used for diagnosing issues witd instruments?	Diagnostic logs, error codes, and troubleshooting steps?	Frequency of diagnostic events, types of errors, resolution times?
Quality?	Data related to tde quality of outputs produced by instruments?	Quality control metrics, inspection results?	Defect rates, inspection outcomes, quality assurance data?
Sensors?	Data collected from sensors embedded in instruments?	Sensor readings, environmental conditions?	Temperature, humidity, pressure, sensor calibration data?
Audit Trails?	Data tdat provides a record of actions and changes made to instruments?	User activity logs, change history?	User actions, timestamps, changes made, user IDs