Data Access Terms

Effective Date: November 2025

These terms (“Data Access Terms”), together with the Netgear Terms and Conditions, apply to your use of NETGEAR Products.

Capitalised terms used but not defined in this Data Access Terms shall have the meanings given in NETGEAR Terms and Conditions.

1. Applicability

These Data Access Terms apply to Users who reside or are established in the European Economic Area. They govern Your access to and use of (i) data generated by NETGEAR’s devices (“Connected Products”) about Your use of those Connected Products (“Product Data”), and (ii) data recorded or generated that represent actions You take and events that occur related to Your use of NETGEAR’s digital services (“Related Services”) provided to support the functioning of NETGEAR’s Connected Products (“Related Service Data”). They also apply if and when you choose to share Product Data or Related Services Data with third parties.

Together, Product Data and Related Service Data are defined as “Relevant Data”

2. Your Access to and Use of Relevant Data

2.1 Access and retrieval. You can request access to and retrieve Your Relevant Data by using our online tools available here: https://preferences.netgear.com (“Data Export Tools”).

2.2 Security. You must not use the Data Export Tools, or access, use, or share Relevant Data with any third party, to (or to attempt to) disable, disrupt, circumvent, interfere with, or otherwise violate the security of any NETGEAR Connected Product, Related Service, network, infrastructure, or user. You may only obtain access to Relevant Data via the Data Export Tools and must not use (or attempt to use) coercive means or abuse any gaps in NETGEAR’s technical infrastructure to obtain access to Relevant Data.

2.3. Verifying identity. NETGEAR may verify Your identity when you request to access, or use, Relevant Data to ensure You are the user with the right to do so.

2.4 Trade secrets. If Relevant Data includes any trade secrets, NETGEAR will provide You with access to the Relevant Data only if you agree to implement proportionate technical and organisational measures that NETGEAR specifies are necessary to preserve their confidentiality prior to NETGEAR’s disclosure to You. Examples of such measures may include requirements to execute additional confidentiality agreements, implementing access control mechanisms, or implementing such other proportionate technical protection measures as NETGEAR may specify.

2.5. Withholding/suspending access to trade secrets. NETGEAR may withhold or suspend Your access to Relevant Data containing trade secrets if: (i) you do not agree to implement the proportionate technical and organisational measures that we specify pursuant to Clause 2.4 above; (ii) You fail to implement the safeguards agreed pursuant to Clause 2.4; (iii) despite the safeguards adopted pursuant to Clause 2.4, You undermine (or attempt to undermine) the confidentiality of the trade secrets, or (iv) where NETGEAR otherwise demonstrates that it is highly likely that NETGEAR will suffer serious economic damage from the disclosure of the relevant trade secrets, despite the measures taken pursuant to Clause 2.4. In such cases, NETGEAR will provide a written justification and notify the competent authority without undue delay.

2.6. Remedies. If you wish to challenge NETGEAR’s decision to suspend or withhold Product and Related Data pursuant to Clause 2.5 above, You can (i) complain to NETGEAR at legal@netgear.com, (ii) if NETGEAR agrees, refer the matter to a dispute settlement body, or (iii) complain to the competent authority in the country in which you reside or are established.

2.7 Prohibitions. You shall not (i) use Relevant Data to develop a product that competes with NETGEAR’s Connected Products, (ii) share Relevant Data with a third party with the intent to have a product developed that competes with NETGEAR’s Connected Products, or (iii) use Relevant Data to derive insights about NETGEAR economic situation, assets and production methods.

2.8 Personal data. If You have requested access to, or retrieval of, Relevant Data that qualifies as personal data under Regulation (EU) 2016/679 (“GDPR”) for which You are not the data subject, NETGEAR may request evidence that there is a lawful ground under the GDPR, and that access meets the conditions of Directive 2002/58/EC (“ePD”), to provide such access. NETGEAR may refuse access to such Relevant Data if such evidence is not provided.

3. Granting Third Party Access to Relevant Data

3.1 Granting third-parties access to Relevant Data. If You wish to grant a third-party access to Relevant Data, You must ensure that the third party understands and complies with these Data Access Terms (as though they are a user, like You) and any applicable laws. NETGEAR may suspend or deny a third party’s access to Relevant Data where the above conditions are not met or if it suspects any misuse of NETGEAR’s Data Export Tools or Relevant Data in breach of these Data Access Terms

3.2 Test products and services. You must not grant a third-party access to Relevant Data from Connected Products or Related Services that are provided to You as a “beta” product or service, or supplied for testing purposes, or that have otherwise not been placed on the market on a production basis.

3.3. Gatekeepers. You must not grant a third-party access to Relevant Data if they qualify as a gatekeeper under Article 3 of Regulation (EU) 2022/1925 (“DMA”).

3.4 Verifying third party access. NETGEAR may take necessary measures to verify that a third-party that requests access Relevant Data has been authorised by You.

3.5 Personal Data. If You grant third parties access to Relevant Data that qualifies as Personal Data under Regulation (EU) 2016/679 (“GDPR”) for which You are not the data subject, NETGEAR may request appropriate evidence that there is a lawful ground under the GDPR, and that access meets the conditions of Directive 2002/58/EC (“ePD”), to grant such access. NETGEAR may refuse access to such Relevant Data if such evidence is not provided.

3.6 Trade secrets. NETGEAR will provide third parties with access to Relevant Data containing Trade Secrets pursuant to Clause 3.1 above only if you and the third party agree to implement all proportionate technical and organisational measures to preserve their confidentiality prior to NETGEAR’s disclosure to the third party. Examples of such measures may include requirements to execute model contractual terms, confidentiality agreements, strict access protocols, technical standards and the application of codes of conduct.

3.7 Withholding/suspending access to trade secrets with third parties. NETGEAR may withhold or suspend third parties access to Relevant Data containing trade secrets if: (i) you and/or the third party do not agree to implement the proportionate technical and organisational measures that we specify pursuant to Clause 3.6 above; (ii) you or the third party fail to implement the measures agreed pursuant to Clause 3.6; (iii) despite the safeguards agreed pursuant to Clause 3.6, you or the third party undermine (or attempt to undermine) the confidentiality of the trade secrets received; or (iv) NETGEAR otherwise demonstrates that NETGEAR will suffer serious economic damage from the disclosure of the relevant trade secrets, despite the measures taken by you and the third party pursuant to Clause 3.6. In such cases, NETGEAR will provide a written justification to the third party and notify the competent authority without undue delay.