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. 4 Prohibition of exclusive arrangements
- 1 Art. 27 Right to lodge a complaint
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
- public 10
- which 9
- right 8
- exclusive 8
- shall 8
- held 6
- article 5
- such 5
- union 5
- bodies 5
- referred 5
- scope 5
- grant 4
- relevant 4
- competent 4
- authority 4
- paragraph 4
- sector 4
- national 4
- re-use 4
- intermediation 3
- service 3
- services 3
- altruism 3
- complaint 3
- falling 3
- the 3
- rights 3
- this 3
- protection 3
- categories 3
- chapter 3
- contract 3
- practices 3
- duration 3
- defined 2
- applicable 2
- member state 2
- lodge 2
- accordance 2
- administrative 2
- provided 2
- necessary 2
- transparent 2
- agreements 2
- granted 2
- concluded 2
- paragraphs 2
- and 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 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.
Article 27
Right to lodge a complaint
1. Natural and legal persons shall have the right to lodge a complaint in relation to any matter falling within the scope of this Regulation, individually or, where relevant, collectively, with the relevant competent authority for data intermediation services against a data intermediation services provider or with the relevant competent authority for the registration of data altruism organisations against a recognised data altruism organisation.
2. The competent authority for data intermediation services or the competent authority for the registration of data altruism organisations with which the complaint has been lodged shall inform the complainant of:
| (a) | the progress of the proceedings and of the decision taken; and |
| (b) | the judicial remedies provided for in Article 28. |
whereas