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
- 2 Art. 7 Competent bodies
- 1 Art. 13 Competent authorities for data intermediation services
- 2 Art. 18 General requirements for registration
- 3 Art. 26 Requirements relating to competent authorities
- 1 Art. 29 European Data Innovation Board
- 1 Art. 35 Evaluation and review
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 62
- competent 41
- authorities 35
- shall 30
- services 24
- intermediation 20
- altruism 19
- organisations 18
- bodies 16
- article 16
- registration 15
- the 14
- commission 13
- tasks 11
- european 10
- national 8
- pursuant 8
- from 8
- technical 8
- relevant 8
- carry 7
- which 7
- public 7
- necessary 7
- board 7
- access 6
- re-use 6
- sector 6
- member states 6
- innovation 6
- referred 6
- member state 6
- information 6
- authority 5
- regulation 5
- union 5
- providing 5
- including 5
- more 4
- support 4
- establish 4
- identity 4
- activities 4
- notify 4
- they 4
- report 4
- processing 3
- provided 3
- confidentiality 3
- providers 3
Article 7
Competent bodies
1. For the purpose of carrying out the tasks referred to in this Article, each Member State shall designate one or more competent bodies, which may be competent for particular sectors, to assist the public sector bodies which grant or refuse access for the re-use of the categories of data referred to in Article 3(1). Member States may either establish one or more new competent bodies or rely on existing public sector bodies or on internal services of public sector bodies that fulfil the conditions laid down in this Regulation.
2. The competent bodies may be empowered to grant access for the re-use of the categories of data referred to in Article 3(1) pursuant to Union or national law which provides for such access to be granted. Where they grant or refuse access for the re-use, Articles 4, 5, 6 and 9 shall apply to those competent bodies.
3. The competent bodies shall have adequate legal, financial, technical and human resources to carry out the tasks assigned to them, including the necessary technical knowledge to be able to comply with relevant Union or national law concerning the access regimes for the categories of data referred to in Article 3(1).
4. The assistance provided for in paragraph 1 shall include, where necessary:
| (a) | providing technical support by making available a secure processing environment for providing access for the re-use of data; |
| (b) | providing guidance and technical support on how to best structure and store data to make that data easily accessible; |
| (c) | providing technical support for pseudonymisation and ensuring data processing in a manner that effectively preserves the privacy, confidentiality, integrity and accessibility of the information contained in the data for which re-use is allowed, including techniques for the anonymisation, generalisation, suppression and randomisation of personal data or other state-of-the-art privacy-preserving methods, and the deletion of commercially confidential information, including trade secrets or content protected by intellectual property rights; |
| (d) | assisting the public sector bodies, where relevant, to provide support to re-users in requesting consent for re-use from data subjects or permission from data holders in line with their specific decisions, including on the jurisdiction in which the data processing is intended to take place and assisting the public sector bodies in establishing technical mechanisms that allow the transmission of requests for consent or permission from re-users, where practically feasible; |
| (e) | providing public sector bodies with assistance in assessing the adequacy of contractual commitments made by a re-user pursuant to Article 5(10). |
5. Each Member State shall notify the Commission of the identity of the competent bodies designated pursuant to paragraph 1 by 24 September 2023. Each Member State shall also notify the Commission of any subsequent change to the identity of those competent bodies.
Article 13
Competent authorities for data intermediation services
1. Each Member State shall designate one or more competent authorities to carry out the tasks related to the notification procedure for data intermediation services and shall notify the Commission of the identity of those competent authorities by 24 September 2023. Each Member State shall also notify the Commission of any subsequent change to the identity of those competent authorities.
2. The competent authorities for data intermediation services shall comply with the requirements set out in Article 26.
3. The powers of the competent authorities for data intermediation services are without prejudice to the powers of the data protection authorities, national competition authorities, authorities in charge of cybersecurity and other relevant sectoral authorities. In accordance with their respective competences under Union and national law, those authorities shall establish strong cooperation and exchange information as is necessary for the exercise of their tasks in relation to data intermediation services providers, and shall aim to achieve consistency in the decisions taken in applying this Regulation.
Article 18
General requirements for registration
In order to qualify for registration in a public national register of recognised data altruism organisations, an entity shall:
| (a) | carry out data altruism activities; |
| (b) | be a legal person established pursuant to national law to meet objectives of general interest as provided for in national law, where applicable; |
| (c) | operate on a not-for-profit basis and be legally independent from any entity that operates on a for-profit basis; |
| (d) | carry out its data altruism activities through a structure that is functionally separate from its other activities; |
| (e) | comply with the rulebook referred to Article 22(1), at the latest 18 months after the date of entry into force of the delegated acts referred to in that paragraph. |
Article 26
Requirements relating to competent authorities
1. The competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations shall be legally distinct from, and functionally independent of, any data intermediation services provider or recognised data altruism organisation. The functions of the competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations may be carried out by the same authority. Member States may either establish one or more new authorities for those purposes or rely on existing ones.
2. Competent authorities for data intermediation services and competent authorities for the registration of data altruism organisations shall exercise their tasks in an impartial, transparent, consistent, reliable and timely manner. Where they exercise their tasks, they shall safeguard fair competition and non-discrimination.
3. The top-level management and personnel responsible for carrying out the relevant tasks of the competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the services which they evaluate, nor the authorised representative of any of those parties. This shall not preclude the use of evaluated services that are necessary for the operations of the competent authority for data intermediation services and the competent authority for the registration of data altruism organisations or the use of such services for personal purposes.
4. The top-level management and personnel of the competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations shall not engage in any activity that may conflict with their independence of judgment or integrity in relation to evaluation activities assigned to them.
5. The competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations shall have at their disposal the adequate financial and human resources to carry out the tasks assigned to them, including the necessary technical knowledge and resources.
6. The competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations of a Member State shall provide the Commission and competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations from other Member States, on reasoned request and without delay, with the information necessary to carry out their tasks under this Regulation. Where a competent authority for data intermediation services or a competent authority for the registration of data altruism organisations considers the information requested to be confidential in accordance with Union and national law on commercial and professional confidentiality, the Commission and any other competent authorities for data intermediation services or competent authorities for the registration of data altruism organisations concerned shall ensure such confidentiality.
Article 29
European Data Innovation Board
1. The Commission shall establish a European Data Innovation Board in the form of an expert group, consisting of representatives of the competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations of all Member States, the European Data Protection Board, the European Data Protection Supervisor, ENISA, the Commission, the EU SME Envoy or a representative appointed by the network of SME envoys, and other representatives of relevant bodies in specific sectors as well as bodies with specific expertise. In its appointments of individual experts, the Commission shall aim to achieve gender and geographical balance among the members of the expert group.
2. The European Data Innovation Board shall consist of at least the following three subgroups:
| (a) | a subgroup composed of the competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations, with a view to carrying out the tasks pursuant to Article 30, points (a), (c), (j) and (k); |
| (b) | a subgroup for technical discussions on standardisation, portability and interoperability pursuant to Article 30, points (f) and (g); |
| (c) | a subgroup for stakeholder involvement composed of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces and other relevant stakeholders and third parties advising the European Data Innovation Board on tasks pursuant to Article 30, points (d), (e), (f), (g) and (h). |
3. The Commission shall chair the meetings of the European Data Innovation Board.
4. The European Data Innovation Board shall be assisted by a secretariat provided by the Commission.
Article 35
Evaluation and review
By 24 September 2025, the Commission shall carry out an evaluation of this Regulation and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. The report shall be accompanied, where necessary, by legislative proposals.
The report shall assess, in particular:
| (a) | the application and functioning of the rules on penalties laid down by the Member States pursuant to Article 34; |
| (b) | the level of compliance of the legal_representatives of data intermediation services providers and recognised data altruism organisations that are not established in the Union with this Regulation and the level of enforceability of penalties imposed on those providers and organisations; |
| (c) | the type of data altruism organisations registered under Chapter IV and an overview of the objectives of general interests for which data are shared in view of establishing clear criteria in that respect. |
Member States shall provide the Commission with the information necessary for the preparation of that report.
whereas