The Data Governance Act (DGA) will set up robust mechanisms to facilitate the reuse of certain categories of protected public-sector data, increase trust in data intermediation services and foster data altruism across the EU.
After the European Parliament, the Council today approved a new law to promote the availability of data
and build a trustworthy environment to facilitate their use for
research and the creation of innovative new services and products.
It is an important component of the European strategy for data, which aims to bolster the data economy. The new rules will apply 15 months after the entry into force of the regulation.
Wider reuse of protected public-sector data
The Data Governance Act will create a mechanism to enable the safe
reuse of certain categories of public-sector data that are subject to
the rights of others. This includes, for example, trade
secrets, personal data and data protected by intellectual property
rights. Public-sector bodies allowing this type of reuse will need to be
properly equipped, in technical terms, to ensure that privacy and
confidentiality are fully preserved.
In this respect, the DGA will complement the 2019 Open Data Directive, which does not cover such types of data.
Exclusive arrangements for the reuse of
public-sector data will be possible when justified and necessary for the
provision of a service of general interest. The maximum duration for
existing contracts will be 30 months and for new contracts 12 months.
The Commission will set up a European single access point with a searchable electronic register of public-sector data. This register will be available via national single information points.
A new business model for data intermediation
The DGA creates a framework to foster a new business model – data intermediation services – that will provide a secure environment in which companies or individuals can share data.
For companies, these services can take the form of digital platforms,
which will support voluntary data-sharing between companies and
facilitate the fulfilment of data-sharing obligations set not only by
that law, but also by other legislation, be it at European or national
level. By using these services, companies will be able to share their data without fear of their being misused or of losing their competitive advantage.
For personal data, such services and their providers will help
individuals exercise their rights under the general data protection
regulation (GDPR). This will help people have full control
over their data and allow them to share them with a company they trust.
This can be done, for example, by means of novel personal information
management tools, such as personal data spaces or data wallets, which
are apps that share such data with others, based on the data holder’s
consent.
Data intermediation service providers will need to be listed in a register, so that their clients know that they can trust them.
The service providers will not be allowed to use shared data for
other purposes. They will not be able to benefit from the data – for
example, by selling them on. They may, however, charge for the
transactions they do carry out.
Data altruism for the common good
The DGA also makes it easier for individuals and companies to make data voluntarily available for the common good, such as medical research projects.
Entities seeking to collect data for objectives of general interest
may request to be listed in a national register of recognised data
altruism organisations. Registered organisations will be recognised
across the EU. This will create the necessary trust in
data altruism, encouraging individuals and companies to donate data to
such organisations so that they can be used for wider societal good.
If an organisation wants to be recognised as a data altruism
organisation under the DGA, it will have to comply with a specific
rulebook.
Easy identification of service providers
Voluntary certification in the form of a logo will make it easier to identify compliant providers of data intermediation services and data altruism organisations.
European Data Innovation Board
A new structure, the European Data Innovation Board,
will be created to advise and assist the Commission in enhancing the
interoperability of data intermediation services and issuing guidelines
on how to facilitate the development of data spaces, among other tasks.
International access to and transfer of non-personal data
The DGA creates safeguards for public-sector data,
data intermediation services and data altruism organisations against
unlawful international transfer of or governmental access to
non-personal data. For personal data, the EU already has similar
safeguards under the GDPR.
Council
© Council of the European Union
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