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
- 1 Art. 3 Categories of data
- 1 Art. 31 International access and transfer
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 33
- union 10
- decision 9
- chapter 9
- such 9
- third-country 9
- which 9
- access 8
- held 8
- public 8
- legal 8
- under 7
- national 6
- transfer 6
- member state 6
- provider 6
- recognised 6
- judgment 5
- scope 5
- altruism 5
- authority 5
- intermediation 5
- services 5
- right 5
- granted 5
- re-use 5
- shall 5
- person 5
- natural 5
- public_sector_body 5
- request 5
- administrative 5
- international 5
- organisation 5
- third 4
- tribunal 4
- court 4
- paragraph 4
- bodies 4
- relevant 4
- take 3
- agreement 3
- non-personal 3
- this 3
- sector 3
- protected 3
- addressee 3
- protection 3
- country 3
- requesting 2
Article 3
Categories of data
1. This Chapter applies to data held by public sector bodies which are protected on grounds of:
| (a) | commercial confidentiality, including business, professional and company secrets; |
| (b) | statistical confidentiality; |
| (c) | the protection of intellectual property rights of third parties; or |
| (d) | the protection of personal data, insofar as such data fall outside the scope of Directive (EU) 2019/1024. |
2. This Chapter does not apply to:
| (a) | data held by public_undertakings; |
| (b) | data held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit; |
| (c) | data held by cultural establishments and educational establishments; |
| (d) | data held by public sector bodies which are protected for reasons of public security, defence or national security; or |
| (e) | data the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State concerned, or, in the absence of such rules, as defined in accordance with common administrative practice in that Member State, provided that the scope of the public tasks is transparent and subject to review. |
3. This Chapter is without prejudice to:
| (a) | Union and national law and international agreements to which the Union or Member States are party on the protection of categories of data referred to in paragraph 1; and |
| (b) | Union and national law on access to documents. |
Article 31
International access and transfer
1. The public_sector_body, the natural or legal person to which the right to re-use data was granted under Chapter II, the data intermediation services provider or the recognised data altruism organisation shall take all reasonable technical, legal and organisational measures, including contractual arrangements, in order to prevent international transfer or governmental access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the national law of the relevant Member State, without prejudice to paragraph 2 or 3.
2. Any decision or judgment of a third-country court or tribunal and any decision of a third-country administrative authority requiring a public_sector_body, a natural or legal person to which the right to re-use data was granted under Chapter II, a data intermediation services provider or recognised data altruism organisation to transfer or give access to non-personal data within the scope of this Regulation held in the Union shall be recognised or enforceable in any manner only if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or any such agreement between the requesting third country and a Member State.
3. In the absence of an international agreement as referred to in paragraph 2 of this Article, where a public_sector_body, a natural or legal person to which the right to re-use data was granted under Chapter II, a data intermediation services provider or recognised data altruism organisation is the addressee of a decision or judgment of a third-country court or tribunal or a decision of a third-country administrative authority to transfer or give access to non-personal data within the scope of this Regulation held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the national law of the relevant Member State, transfer to or access to such data by that third-country authority shall take place only where:
| (a) | the third-country system requires the reasons and proportionality of such a decision or judgment to be set out and requires such a decision or judgment to be specific in character, for instance by establishing a sufficient link to certain suspected persons or infringements; |
| (b) | the reasoned objection of the addressee is subject to a review by a competent third-country court or tribunal; and |
| (c) | the competent third-country court or tribunal issuing the decision or judgment or reviewing the decision of an administrative authority is empowered under the law of that third country to take duly into account the relevant legal interests of the provider of the data protected under Union law or the national law of the relevant Member State. |
4. If the conditions laid down in paragraph 2 or 3 are met, the public_sector_body, the natural or legal person to which the right to re-use data was granted under Chapter II, the data intermediation services provider or the recognised data altruism organisation shall provide the minimum amount of data permissible in response to a request, based on a reasonable interpretation of the request.
5. The public_sector_body, the natural or legal person to which the right to re-use data was granted under Chapter II, the data intermediation services provider and the recognised data altruism organisation shall inform the data holder about the existence of a request of a third-country administrative authority to access its data before complying with that request, except where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity.
CHAPTER VIII
Delegation and committee procedure
whereas