Data is the new fuel – The rise of vehicle forensics in the EV industry

As the electric vehicle (EV) become more connected and intelligent, the industry is witnessing a surge in interest around vehicle forensics.

As the electric vehicle (EV) become more connected and intelligent, the industry is witnessing a surge in interest around vehicle forensics. Once reserved for accident investigators and law enforcement, vehicle forensics now offers insurers and manufacturers unprecedented access to behavioural data, performance metrics, and predictive analytics. This surge in data generation opens vast opportunities for monetisation, yet it also introduces complex legal considerations.

The Rise of Automotive Data Monetisation

Modern EVs are data powerhouses. Their advanced software systems and seamless cloud connectivity generate highly detailed forensic data, such as:

• battery diagnostics and charging patterns;
• GPS and location history;
• infotainment usage and communications; and
• crash event logs and driver interaction data.

This data is integral to compliance and safety. However, insurers and fleet operators are increasingly leveraging these datasets to create proprietary databases, enabling usage-based insurance (UBI), sophisticated fraud detection, and dynamic pricing. Over time, these data assets may be licensed or sold, driving new analytics and revenue models.

Legal and Ethical Dimensions

The rapid advancement of vehicle forensics within the EV sector offers enormous promise, but it also demands careful navigation of complex legal questions surrounding data ownership, consent, transparency, and compliance.

• Data Ownership and Control
  A central question emerges: Who owns the data generated by electric vehicles—the driver, the manufacturer, or the insurer? Original equipment manufacturers (OEMs) like Tesla typically claim ownership via their terms of service, while insurers may assert rights through policyholder agreements. Legal certainty is crucial to define rights over raw and processed data, as well as conditions for sharing or resale, and to set clear obligations for disclosure to consumers.
• Consent and Transparency
  Under UK GDPR, much of this vehicle data qualifies as personal information when linked to an individual. Companies must obtain informed consent prior to collecting or monetising such data, clearly communicate their practices, provide opt-in mechanisms for sharing, and respect users’ rights to access, update, or delete their information. Non-compliance risks significant penalties and reputational damage.
• AI, Blockchain, and the Future of Data Management
  Cutting-edge technologies are reshaping automotive data governance. Artificial intelligence enables rapid analysis of massive datasets, supporting predictive maintenance, automated claims, and personalised insurance. Blockchain, meanwhile, can enhance trust by storing data on decentralised, tamper-evident ledgers and automating data sharing through smart contracts.
  These technologies also invite additional regulatory scrutiny. The UK’s evolving AI framework and data protection regulations require that automated processes remain transparent, fair, and respectful of individual rights. Proactive compliance is essential for building trust and unlocking the full potential of connected vehicle data.
• Data Integrity and Cybersecurity
  The forensic analysis of EVs introduces technical challenges. Cybersecurity is paramount, and risks such as car hacking or data tampering increase liability for all parties handling vehicle data. Strong technical and organisational safeguards are critical to maintaining data integrity and confidentiality.

Strategic Legal Considerations

At Shoosmiths, our legal team partners with clients across the automotive and insuretech sectors to structure robust data-sharing and governance frameworks, anticipate regulatory changes, and build commercially resilient business models. Our expertise spans:

• product liability;
• insurance regulation; and
• digital infrastructure for connected vehicles.

We ensure our clients stay compliant while remaining agile and competitive.

Conclusion: Legal Readiness in a Data-Driven EV Ecosystem

As the automotive sector embraces a future defined by data-driven innovation and substantial public investment, the intersection of vehicle forensics, data monetisation, and regulatory oversight becomes ever more complex. Businesses must be prepared to adapt swiftly to new legal frameworks, ensuring that transparency, compliance, and commercial resilience remain at the forefront of their strategy.