Data Governance Act — Regulation (EU) 2022/868

Overview

The Regulation establishes a comprehensive EU data governance framework to facilitate the re-use of certain protected data held by public sector bodies, set up a notification and supervisory framework for data intermediation services, create a voluntary registration scheme for data altruism organisations, and establish the European Data Innovation Board. (Art. 1)

The regulation applies to the re-use of certain categories of protected data held by public sector bodies, providers of data intermediation services, entities engaged in data altruism activities, and international transfers of non-personal data. (Art. 1 Art. 3 Art. 10 Art. 18 Art. 31)

Key points

• Public sector bodies must not enter into exclusive arrangements for the re-use of data, except where strictly necessary for the provision of a service in the general interest for a maximum duration of 12 months. (Art. 4)
• Public sector bodies allowing the re-use of protected data must make re-use conditions transparent, non-discriminatory, and proportionate, and may charge fees that are limited to the necessary costs related to the procedure. (Art. 5 Art. 6)
• Providers of data intermediation services must submit a notification to the competent authority, maintain strict neutrality by not using the intermediated data for other purposes, and comply with specific operational conditions. (Art. 10 Art. 11 Art. 12)
• Entities engaging in data altruism on a not-for-profit basis may apply for registration in a national public register to use the designation 'data altruism organisation recognised in the Union' and must fulfill strict transparency and security requirements. (Art. 17 Art. 18 Art. 19 Art. 20 Art. 21)
• Addressees of the Regulation must take all reasonable technical, legal, and organisational measures to prevent international transfers or governmental access to non-personal data held in the Union when such access would conflict with Union or national law. (Art. 31)

Structure

The Regulation is organised into eight chapters covering general provisions, re-use of certain categories of protected public sector data, requirements for data intermediation services, a framework for data altruism, competent authorities and procedural provisions, the European Data Innovation Board, international access and transfers, and final and transitional provisions.