keyboard_tab Digital Governance Act 2022/0868 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- Art. 1 Subject matter and scope
- Art. 2 Definitions
- Art. 3 Categories of data
- Art. 4 Prohibition of exclusive arrangements
- Art. 5 Conditions for re-use
- Art. 6 Fees
- Art. 7 Competent bodies
- Art. 8 Single information points
- Art. 9 Procedure for requests for re-use
- Art. 10 Data intermediation services
- Art. 11 Notification by data intermediation services providers
- Art. 12 Conditions for providing data intermediation services
- Art. 13 Competent authorities for data intermediation services
- Art. 14 Monitoring of compliance
- Art. 15 Exceptions
- Art. 16 National arrangements for data altruism
- Art. 17 Public registers of recognised data altruism organisations
- Art. 18 General requirements for registration
- Art. 19 Registration of recognised data altruism organisations
- Art. 20 Transparency requirements
- Art. 21 Specific requirements to safeguard rights and interests of data subjects and data holders with regard to their data
- Art. 22 Rulebook
- Art. 23 Competent authorities for the registration of data altruism organisations
- Art. 24 Monitoring of compliance
- Art. 25 European data altruism consent form
- Art. 26 Requirements relating to competent authorities
- Art. 27 Right to lodge a complaint
- Art. 28 Right to an effective judicial remedy
- Art. 29 European Data Innovation Board
- Art. 30 Tasks of the European Data Innovation Board
- Art. 31 International access and transfer
- Art. 32 Exercise of the delegation
- Art. 33 Committee procedure
- Art. 34 Penalties
- Art. 35 Evaluation and review
- Art. 36 Amendment to Regulation (EU) 2018/1724
- Art. 37 Transitional arrangements
- Article 38 Entry into force and application
CHAPTER I
General provisions
CHAPTER II
Re-use of certain categories of protected data held by public sector bodies
CHAPTER III
Requirements applicable to data intermediation services
CHAPTER IV
Data altruism
CHAPTER V
Competent authorities and procedural provisions
CHAPTER VI
European Data Innovation Board
CHAPTER VII
International access and transfer
CHAPTER VIII
Delegation and committee procedure
CHAPTER IX
Final and transitional provisions
- data
- re-use
- personal data
- non-personal data
- consent
- permission
- data subject
- data holder
- data user
- data sharing
- data intermediation service
- processing
- access
- main establishment
- services of data cooperatives
- data altruism
- public sector body
- bodies governed by public law
- public undertaking
- secure processing environment
- legal representative
- data 76
- means 23
- public 11
- bodies 10
- processing 10
- services 10
- legal 10
- personal 9
- regulation 9
- commercial 8
- including 8
- union 7
- intermediation 7
- authorities 7
- eu / 7
- they 7
- sector 7
- purposes 7
- which 7
- article 6
- non-personal 6
- such 6
- regard 6
- purpose 5
- members 5
- person 5
- point 5
- natural 5
- have 5
- established 5
- subject 5
- certain 4
- more 4
- entity 4
- interest 4
- users 4
- general 4
- than 4
- bodies_governed_by_public_law 4
- consent 4
- rights 4
- holders 4
- subjects 4
- national 4
- specific 3
- before 3
- relationships 3
- without 3
- state 3
- under 3
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) | ‘ data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording; |
(2) | ‘ re-use’ means the use by natural or legal persons of data held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the data were produced, except for the exchange of data between public sector bodies purely in pursuit of their public tasks; |
(3) | ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679; |
(4) | ‘non-personal data’ means data other than personal data; |
(5) | ‘ consent’ means consent as defined in Article 4, point (11), of Regulation (EU) 2016/679; |
(6) | ‘ permission’ means giving data users the right to the processing of non-personal data; |
(7) | ‘ data subject’ means data subject as referred to in Article 4, point (1), of Regulation (EU) 2016/679; |
(8) | ‘ data holder’ means a legal person, including public sector bodies and international organisations, or a natural person who is not a data subject with respect to the specific data in question, which, in accordance with applicable Union or national law, has the right to grant access to or to share certain personal data or non-personal data; |
(9) | ‘ data user’ means a natural or legal person who has lawful access to certain personal or non-personal data and has the right, including under Regulation (EU) 2016/679 in the case of personal data, to use that data for commercial or non-commercial purposes; |
(10) | ‘ data sharing’ means the provision of data by a data subject or a data holder to a data user for the purpose of the joint or individual use of such data, based on voluntary agreements or Union or national law, directly or through an intermediary, for example under open or commercial licences subject to a fee or free of charge; |
(11) | ‘ data intermediation service’ means a service which aims to establish commercial relationships for the purposes of data sharing between an undetermined number of data subjects and data holders on the one hand and data users on the other, through technical, legal or other means, including for the purpose of exercising the rights of data subjects in relation to personal data, excluding at least the following:
|
(12) | ‘ processing’ means processing as defined in Article 4, point (2), of Regulation (EU) 2016/679 with regard to personal data or Article 3, point (2), of Regulation (EU) 2018/1807 with regard to non-personal data; |
(13) | ‘ access’ means data use, in accordance with specific technical, legal or organisational requirements, without necessarily implying the transmission or downloading of data; |
(14) | ‘ main_establishment’ of a legal person means the place of its central administration in the Union; |
(15) | ‘services of data cooperatives’ means data intermediation services offered by an organisational structure constituted by data subjects, one-person undertakings or SMEs who are members of that structure, having as its main objectives to support its members in the exercise of their rights with respect to certain data, including with regard to making informed choices before they consent to data processing, to exchange views on data processing purposes and conditions that would best represent the interests of its members in relation to their data, and to negotiate terms and conditions for data processing on behalf of its members before giving permission to the processing of non-personal data or before they consent to the processing of personal data; |
(16) | ‘ data altruism’ means the voluntary sharing of data on the basis of the consent of data subjects to process personal data pertaining to them, or permissions of data holders to allow the use of their non-personal data without seeking or receiving a reward that goes beyond compensation related to the costs that they incur where they make their data available for objectives of general interest as provided for in national law, where applicable, such as healthcare, combating climate change, improving mobility, facilitating the development, production and dissemination of official statistics, improving the provision of public services, public policy making or scientific research purposes in the general interest; |
(17) | ‘ public_sector_body’ means the State, regional or local authorities, bodies_governed_by_public_law or associations formed by one or more such authorities, or one or more such bodies_governed_by_public_law; |
(18) | ‘ bodies_governed_by_public_law’ means bodies that have the following characteristics:
|
(19) | ‘ public_undertaking’ means any undertaking over which the public sector bodies may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it; for the purposes of this definition, a dominant influence on the part of the public sector bodies shall be presumed in any of the following cases in which those bodies, directly or indirectly:
|
(20) | ‘secure processing environment’ means the physical or virtual environment and organisational means to ensure compliance with Union law, such as Regulation (EU) 2016/679, in particular with regard to data subjects’ rights, intellectual property rights, and commercial and statistical confidentiality, integrity and accessibility, as well as with applicable national law, and to allow the entity providing the secure processing environment to determine and supervise all data processing actions, including the display, storage, download and export of data and the calculation of derivative data through computational algorithms; |
(21) | ‘ legal_representative’ means a natural or legal person established in the Union explicitly designated to act on behalf of a data intermediation services provider or an entity that collects data for objectives of general interest made available by natural or legal persons on the basis of data altruism not established in the Union, which may be addressed by the competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations in addition to or instead of the data intermediation services provider or entity with regard to the obligations under this Regulation, including with regard to initiating enforcement proceedings against a non-compliant data intermediation services provider or entity not established in the Union. |
CHAPTER II
Re-use of certain categories of protected data held by public sector bodies
whereas