Anio European Data Act

Official PDF: Anio European Data Act DE Version 1.0 202509 [PDF]

Anio European Data Act

Regulation (EU) 2023/2854

The EU Data Act (Regulation (EU) 2023/2854) is a new EU data regulation that redefines the handling of data from connected devices and services. Its aim is to ensure fair access to and use of data - for users, third-party providers and authorities alike. Specifically, the Data Act strengthens the rights of IoT (Internet of Things) device users and establishes clear obligations for manufacturers and retailers of such products. Extensive new obligations will apply in the EU from 2025.

Key dates and transitional periods

• a. Entry into force: The Data Act regulation entered into force on 11 January 2024. From this date, it is valid EU law.
• b. Applicability: Largely applicable from 12 September 2025. From this day, the new rules apply directly in all EU Member States - without transposition into national law, as it is a regulation. Online retailers must adapt their processes and product information by then.
• c. Later deadlines: Certain specific provisions will only come into effect from 12 September 2026. This includes, in particular, the Access by Design principle, for which manufacturers are granted an additional year of transition time.

Who is affected by the Data Act?

The Data Act primarily affects: manufacturers and providers of connected products as well as providers of digital services connected to such products. Retailers who sell such products (e.g. in online shops) are also responsible for fulfilling certain information obligations.

What are connected products?

These are physical products that automatically collect, generate or transmit data during use - often via Wi-Fi, Bluetooth, an app or the cloud. Colloquially, they are referred to as smart or IoT devices.

What are connected digital services?

Digital services without which a connected product cannot function are also covered. These include, for example, the operating software of a smart device (e.g. the OS of a smartphone or smartwatch) or associated apps and cloud platforms through which the device is controlled. In short: the software and service component of IoT products also falls within the scope of the Data Act.

NOTE: Anio GmbH is exempt from the obligations of the Data Act as a micro or small enterprise (< 50 employees and < €10 million turnover), as Anio GmbH is an independent data holder and has no larger partner companies. Nevertheless, we hereby voluntarily comply with the information rights of our customers in the sense of the European Data Act!

For connected products (IoT devices):

• Product: Anio Children's Smartwatch
• Models: Anio 5, Anio 5s, Anio 6
• Amazon ASIN: B09P8GHRVS, B09P8G3TMY, BOC5HN38RC, BOC5HMR4NR, B0CW2X8NQM, B0C5HNGWSJ, BOC5HK2D63, BOBZV58V46, BOBLKR2PD6, B0C5HMWWJ4, B0C5HKTB9F, BOCW2XLNT3, BOBZV5L3MS, BOC5HMF86N

1. Type, scope and format of the generated data

The Anio Smartwatch generates the following sensor data:

• GPS telemetry data (coordinates, speed, course, altitude)
• WIFI BSSIDs
• Tower and cell IDs including signal strength
• Movement data (step counter)
• Battery level (service data)

The scope of the generated data depends on the tracking interval and can be individually determined by the customer in specified intervals. Example: In the standard interval, one data set is sent to the Anio server per hour, in Explorer mode every 5 minutes, and during school commute times every minute. The amount of daily generated sensor data is approx. 5MB. The Anio Smartwatch also generates voice and text files when the user uses the Anio Chat. The amount of daily generated voice and text files depends on user behavior. As a rule, the monthly volume of all generated data is less than 500MB.

2. Data generation

The Smartwatch generates data at different intervals.

• Continuously: At intervals of 3-5 minutes, the watch sends a Keep link to the Anio server. This includes battery level and step count.
• The interval of the generated telemetry data depends on the tracking interval and can be individually determined by the customer in specified intervals. Example: In the standard interval, one data set is sent to the Anio server per hour, in Explorer mode every 5 minutes, and during school commute times every minute.
• Anio is the only manufacturer that offers the option to completely disable tracking. After that, no telemetry data is sent to the Anio server. Voice and text files are only generated when the user uses the Anio Chat.

3. Data storage

Storage locations:

• Cloud services: Anio stores the mentioned data with AWS (Amazon Web Services) in Frankfurt, Germany.
• Locally on the Smartwatch: The last chat histories and daily step count are stored.

Storage duration:

• 14 days and then automatically deleted: telemetry data (coordinates, speed, course, altitude, WIFI BSSID, battery level, steps), chat histories.

4. Access, retrieval and deletion of generated data

After pairing the smartwatch with the free "Anio-Watch" app (available for Android and iOS), you can program the smartwatch via the Anio app and access the watch's telemetry data. Access to the app is password-protected. You can also send text and voice messages to the smartwatch via the integrated chat and receive voice messages and emojis.

• Deleting individual messages: You can delete individual messages in the app chat.
• Deleting all data: You can reset the watch to its factory settings either via the app or by entering a four-digit PIN on the watch. This will delete all user-generated data previously stored on the watch. To also completely delete the data from the server, remove the watch from your app and then delete your account in the app. Alternatively, write a message to our support team using the Anio support form: https://anio.eu/anio-european-data-act-anfragen.
• Export function: Currently, there is no option to export telemetry data, chat data, or movement data from the Anio backend. We will make this function available by September 2026.

5. Anio Privacy Policy and Anio Terms of Use

Please familiarize yourself with the Terms of Use (in particular the limitations and restrictions on the availability of the services) and the Privacy Policy for the Anio smartwatch and associated app via the following links:

• www.anio.eu/datenschutz
• www.anio.eu/nutzungsbedingungen

For connected services (digital services for our product): App: Anio Watch

1. Type, scope, and frequency of data collection

Once the app has been paired with the smartwatch, it receives telemetry data and service data from the watch via the Anio cloud services. The Anio smartwatch generates the following sensor data:

• GPS telemetry data (coordinates, speed, course, altitude)
• WIFI BSSIDs
• Tower and cell IDs including signal strength
• Movement data (pedometer)
• Battery level (service data)

The volume of data generated depends on the tracking interval and can be individually determined by the customer within the specified intervals. Example: In the standard interval, one data set is sent to the Anio server per hour, in Explorer mode every 5 minutes, and during school commute times every minute. The volume of sensor data generated daily is approximately 5MB. The Anio smartwatch also generates voice and text files when the user uses the Anio chat. The volume of voice and text files generated daily depends on user behavior. As a rule, the monthly volume of all generated data is less than 500MB.

The smartwatch generates data at different intervals:

• Continuously: At intervals of 3-5 minutes, the watch sends a Keep Alive link to the Anio server. This includes the battery level and step count.
• The interval of the generated telemetry data depends on the tracking interval and can be individually determined by the customer within the specified intervals. Example: In the standard interval, one data set is sent to the Anio server per hour, in Explorer mode every 5 minutes, and during school commute times every minute.
• Anio is the only manufacturer that offers the option to completely disable tracking. After that, no telemetry data will be sent to the Anio server. Voice and text files are only created when the user uses the Anio chat.

The app uses push notifications from the operating system manufacturers (iOS and Android). Push notifications are messages sent by the app to your device and displayed with priority there. This app uses push notifications in the delivery state, provided you have consented during app installation or first use, or these settings are not otherwise configured in your operating system (Art. 6 Para. 1 a GDPR). The app uses Google Firebase to send you a push notification in the event of an SOS alarm, Low Battery alarm, or Geofence alarm.

All your data and the data of the watch wearer, as well as the generated and stored location data of the watch, are used exclusively for the error-free operation of the watch. We do not pass any of this data on to unrelated third parties, especially not for advertising and marketing purposes. In order to constantly improve the functions of the Anio app as well as your user experience, we conduct aggregated analyses of app usage. Crashes are evaluated for this purpose. Users are not identified. Personalized profiles are not created.

2. User access options

After pairing the smartwatch with the free "Anio-Watch" app (available for Android and iOS), you can program the smartwatch via the Anio app and access the watch's telemetry data. Access to the app is password-protected. You can also send text and voice messages to the smartwatch via the integrated chat and receive voice messages and emojis. Currently, there is no option to export telemetry data, chat data, or movement data from the Anio backend. We will make this function available by September 2026.

3. Identity and contact details of the data controller

The sole owner and data controller within the meaning of the GDPR is: Anio GmbH Ludwig-Sütterlin-Str. 3 D-28355 Bremen Data Protection Officer: RA Stefan Lutz LL.M. dpo@anio.watch

4. Data transfer to third parties

The Data Act grants users the right to also send the data generated by the device and the app to third-party services (e.g. to your own cloud solution or home automation solution). Currently, there is no option to export telemetry data, chat data, or movement data from the Anio backend. We will make this function available by September 2026.

5. Right to complain

You have a right to complain regarding data access or use. Please feel free to contact our Data Protection Officer or our supervisory authority: www.datenschutz.bremen.de. For further information, please refer to our Privacy Policy: https://anio.eu/policies/privacy-policy

6. Contract duration and termination

The use of the app is unlimited and free of charge. You can terminate the user agreement at any time by deleting your account. For more details, please refer to our Terms of Use: https://anio.eu/pages/nutzungsbedingungen-anio-app