Yes, according to a previous thread. The original source was BMW, but they did qualify that their box doesn't meet the US gov't definition of an EDR. I would say that this is semantics, they do have an event recorder.

http://www.xoutpost.com/x5-e53-forum/...black-box.html

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2007 X3 3.0si, 6 MT, Premium, White

Retired:
2008 535i, 6 MT, M Sport, Premium, Space Grey
2003 X5 3.0 Steptronic, Premium, Titanium Silver
2002 325xi 5 MT, Steel Grey
2004 Z4 3.0 Premium, Sport, SMG, Maldives Blue