EU Data Governance Act The Data Governance Act (COM(2020) 767 final, also "DGA") should not be confused with the Data Act.
Provision of public sector data
Public sector data should be made available as comprehensively as possible. The background to the regulation is the idea that data generated with public funds should also be available to the public. In this respect, the Data Governance Act supplements the EU's existing "Open Data Directive" from 2019.
Contrary to what might be expected, however, it does not expressly regulate a right of access to public sector data. Rather, whether a right of access exists depends on the law of the respective EU member states. However, framework conditions are created that promote provision.
For example, the public authority can stipulate that the data may only be reused in a protected environment, e.g. only via remote access to a defined system or only via local access. If further use cannot be made possible by other measures, the public body should also assist in obtaining consent.
Introduction of data brokerage services
The EU assumes that "data pools" will emerge and thatmarketplaces for data can be created.
Such data pools and marketplaces can be designed using data brokerage services, i.e. services that are intended to "bring together" supply and demand.
Certain requirements are to apply to these data brokerage services, which are also regulated in the Data Governance Act. For example, the data brokerage service must assume a role that is as neutral as possible and may not use the data for its own purposes beyond the brokerage service. Data brokerage services must also be registered with the authorities.
Data altruistic organizations
The Data Governance Act also provides for the introduction of so-called data altruistic organizations. Such data altruistic organizations require state recognition and should be able to collect relevant data directly from natural and legal persons or process data collected by third parties.
As a rule, data altruism should be based on the consent of the data subjects in accordance with the GDPR. However, the legal bases provided for in the GDPR for scientific research, historical research and statistical purposes should also be applicable. To simplify matters, a "European consent form for data altruism" is to be created.
This article is part of the overview of the current changes to the EU data strategy and the New Legislative Framework. Please note that the legislative project is currently a draft (although marked as "final"). It is therefore not yet applicable law and there may still be changes in the legislative process. However, due to the manageable "transitional periods", it is already necessary to "take a look" at the upcoming law.