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
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 21
- information 16
- shall 13
- single 11
- article 9
- point 8
- available 6
- services 6
- intermediation 6
- penalties 5
- recognised 5
- altruism 5
- points 5
- relevant 4
- pursuant 4
- organisation 4
- infringements 3
- rules 3
- re-use 3
- infringement 3
- competent 3
- the 3
- provider 3
- referred 3
- member states 3
- take 3
- conditions 3
- member states 3
- establish 3
- european 2
- notify 2
- means 2
- bodies 2
- commission 2
- ensure 2
- including 2
- electronic 2
- searchable 2
- into 2
- account 2
- national 2
- resources 2
- and 2
- categories 2
- them 2
- provided 2
- providers 2
- articles 2
- body 2
- sectoral 2
Article 8
Single information points
1. member states shall ensure that all relevant information concerning the application of Articles 5 and 6 is available and easily accessible through a single information point. Member States shall establish a new body or designate an existing body or structure as the single information point. The single information point may be linked to sectoral, regional or local information points. The functions of the single information point may be automated provided that the public_sector_body ensures adequate support.
2. The single information point shall be competent to receive enquiries or requests for the re-use of the categories of data referred to in Article 3(1) and shall transmit them, where possible and appropriate by automated means, to the competent public sector bodies, or the competent bodies referred to in Article 7(1), where relevant. The single information point shall make available by electronic means a searchable asset list containing an overview of all available data resources including, where relevant, those data resources that are available at sectoral, regional or local information points, with relevant information describing the available data, including at least the data format and size and the conditions for their re-use.
3. The single information point may establish a separate, simplified and well-documented information channel for SMEs and start-ups, addressing their needs and capabilities in requesting the re-use of the categories of data referred to in Article 3(1).
4. The Commission shall establish a European single access point offering a searchable electronic register of data available in the national single information points and further information on how to request data via those national single information points.
Article 34
Penalties
1. member states shall lay down the rules on penalties applicable to infringements of the obligations regarding transfers of non-personal data to third countries pursuant to Article 5(14) and Article 31, the notification obligation of data intermediation services providers pursuant to Article 11, the conditions for providing data intermediation services pursuant to Article 12 and the conditions for the registration as a recognised data altruism organisation pursuant to Articles 18, 20, 21 and 22, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In their rules on penalties, Member States shall take into account the recommendations of the European Data Innovation Board. Member States shall, by 24 September 2023, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
2. member states shall take into account the following non-exhaustive and indicative criteria for the imposition of penalties on data intermediation services providers and recognised data altruism organisations for infringements of this Regulation, where appropriate:
| (a) | the nature, gravity, scale and duration of the infringement; |
| (b) | any action taken by the data intermediation services provider or recognised data altruism organisation to mitigate or remedy the damage caused by the infringement; |
| (c) | any previous infringements by the data intermediation services provider or recognised data altruism organisation; |
| (d) | the financial benefits gained or losses avoided by the data intermediation services provider or recognised data altruism organisation due to the infringement, insofar as such benefits or losses can be reliably established; |
| (e) | any other aggravating or mitigating factors applicable to the circumstances of the case. |
whereas