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
- exclusive 8
- shall 6
- right 6
- data 5
- grant 4
- which 4
- referred 4
- re-use 4
- such 3
- contract 3
- practices 3
- duration 3
- paragraph 3
- prohibition 2
- concluded 2
- paragraphs 2
- and 2
- the 2
- applicable 2
- necessary 2
- granted 2
- union 2
- article 2
- rights 2
- public 2
- agreements 2
- pursuant 1
- same 1
- were 1
- before 1
- months 1
- exceed 1
- within 1
- down 1
- terminated 1
- non-discrimination 1
- treatment 1
- equal 1
- event 1
- june 1
- including 1
- laid 1
- available 1
- procurement 1
- relevant 1
- complies 1
- form 1
- principles 1
- online 1
- publicly 1
Article 4
Prohibition of exclusive arrangements
1. Agreements or other practices pertaining to the re-use of data held by public sector bodies containing categories of data referred to in Article 3(1) which grant exclusive rights or which have as their objective or effect to grant such exclusive rights or to restrict the availability of data for re-use by entities other than the parties to such agreements or other practices shall be prohibited.
2. By way of derogation from paragraph 1, an exclusive right to re-use data referred to in that paragraph may be granted to the extent necessary for the provision of a service or the supply of a product in the general interest that would not otherwise be possible.
3. An exclusive right as referred to in paragraph 2 shall be granted through an administrative act or contractual arrangement in accordance with applicable Union or national law and in compliance with the principles of transparency, equal treatment and non-discrimination.
4. The duration of an exclusive right to re-use data shall not exceed 12 months. Where a contract is concluded, the duration of the contract shall be the same as the duration of the exclusive right.
5. The grant of an exclusive right pursuant to paragraphs 2, 3 and 4, including the reasons as to why it is necessary to grant such a right, shall be transparent and be made publicly available online, in a form that complies with relevant Union law on public procurement.
6. Agreements or other practices falling within the scope of the prohibition referred to in paragraph 1 which do not meet the conditions laid down in paragraphs 2 and 3 and which were concluded before 23 June 2022 shall be terminated at the end of the applicable contract and in any event by 24 December 2024.
whereas