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. 2 Definitions
- 1 Art. 4 Prohibition of exclusive arrangements
- 1 Art. 7 Competent bodies
- 2 Art. 20 Transparency requirements
- 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 133
- bodies 25
- which 24
- means 24
- legal 23
- shall 21
- processing 19
- public 19
- such 18
- union 18
- access 16
- services 16
- including 16
- re-use 16
- article 15
- right 14
- sector 14
- competent 14
- altruism 14
- natural 14
- regulation 12
- intermediation 12
- recognised 12
- personal 11
- person 11
- organisation 11
- under 10
- non-personal 10
- referred 10
- national 10
- technical 10
- third-country 9
- decision 9
- provider 9
- held 8
- have 8
- grant 8
- paragraph 8
- they 8
- exclusive 8
- purposes 8
- relevant 8
- granted 8
- commercial 8
- eu / 7
- member state 7
- administrative 7
- general 7
- authorities 7
- purpose 7
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
| (1) | ‘ data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording; |
| (2) | ‘ re-use’ means the use by natural or legal persons of data held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the data were produced, except for the exchange of data between public sector bodies purely in pursuit of their public tasks; |
| (3) | ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679; |
| (4) | ‘non-personal data’ means data other than personal data; |
| (5) | ‘ consent’ means consent as defined in Article 4, point (11), of Regulation (EU) 2016/679; |
| (6) | ‘ permission’ means giving data users the right to the processing of non-personal data; |
| (7) | ‘ data subject’ means data subject as referred to in Article 4, point (1), of Regulation (EU) 2016/679; |
| (8) | ‘ data holder’ means a legal person, including public sector bodies and international organisations, or a natural person who is not a data subject with respect to the specific data in question, which, in accordance with applicable Union or national law, has the right to grant access to or to share certain personal data or non-personal data; |
| (9) | ‘ data user’ means a natural or legal person who has lawful access to certain personal or non-personal data and has the right, including under Regulation (EU) 2016/679 in the case of personal data, to use that data for commercial or non-commercial purposes; |
| (10) | ‘ data sharing’ means the provision of data by a data subject or a data holder to a data user for the purpose of the joint or individual use of such data, based on voluntary agreements or Union or national law, directly or through an intermediary, for example under open or commercial licences subject to a fee or free of charge; |
| (11) | ‘ data intermediation service’ means a service which aims to establish commercial relationships for the purposes of data sharing between an undetermined number of data subjects and data holders on the one hand and data users on the other, through technical, legal or other means, including for the purpose of exercising the rights of data subjects in relation to personal data, excluding at least the following:
|
| (12) | ‘ processing’ means processing as defined in Article 4, point (2), of Regulation (EU) 2016/679 with regard to personal data or Article 3, point (2), of Regulation (EU) 2018/1807 with regard to non-personal data; |
| (13) | ‘ access’ means data use, in accordance with specific technical, legal or organisational requirements, without necessarily implying the transmission or downloading of data; |
| (14) | ‘ main_establishment’ of a legal person means the place of its central administration in the Union; |
| (15) | ‘services of data cooperatives’ means data intermediation services offered by an organisational structure constituted by data subjects, one-person undertakings or SMEs who are members of that structure, having as its main objectives to support its members in the exercise of their rights with respect to certain data, including with regard to making informed choices before they consent to data processing, to exchange views on data processing purposes and conditions that would best represent the interests of its members in relation to their data, and to negotiate terms and conditions for data processing on behalf of its members before giving permission to the processing of non-personal data or before they consent to the processing of personal data; |
| (16) | ‘ data altruism’ means the voluntary sharing of data on the basis of the consent of data subjects to process personal data pertaining to them, or permissions of data holders to allow the use of their non-personal data without seeking or receiving a reward that goes beyond compensation related to the costs that they incur where they make their data available for objectives of general interest as provided for in national law, where applicable, such as healthcare, combating climate change, improving mobility, facilitating the development, production and dissemination of official statistics, improving the provision of public services, public policy making or scientific research purposes in the general interest; |
| (17) | ‘ public_sector_body’ means the State, regional or local authorities, bodies_governed_by_public_law or associations formed by one or more such authorities, or one or more such bodies_governed_by_public_law; |
| (18) | ‘ bodies_governed_by_public_law’ means bodies that have the following characteristics:
|
| (19) | ‘ public_undertaking’ means any undertaking over which the public sector bodies may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it; for the purposes of this definition, a dominant influence on the part of the public sector bodies shall be presumed in any of the following cases in which those bodies, directly or indirectly:
|
| (20) | ‘secure processing environment’ means the physical or virtual environment and organisational means to ensure compliance with Union law, such as Regulation (EU) 2016/679, in particular with regard to data subjects’ rights, intellectual property rights, and commercial and statistical confidentiality, integrity and accessibility, as well as with applicable national law, and to allow the entity providing the secure processing environment to determine and supervise all data processing actions, including the display, storage, download and export of data and the calculation of derivative data through computational algorithms; |
| (21) | ‘ legal_representative’ means a natural or legal person established in the Union explicitly designated to act on behalf of a data intermediation services provider or an entity that collects data for objectives of general interest made available by natural or legal persons on the basis of data altruism not established in the Union, which may be addressed by the competent authorities for data intermediation services and the competent authorities for the registration of data altruism organisations in addition to or instead of the data intermediation services provider or entity with regard to the obligations under this Regulation, including with regard to initiating enforcement proceedings against a non-compliant data intermediation services provider or entity not established in the Union. |
CHAPTER II
Re-use of certain categories of protected data held by public sector bodies
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 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 20
Transparency requirements
1. A recognised data altruism organisation shall keep full and accurate records concerning:
| (a) | all natural or legal persons that were given the possibility to process data held by that recognised data altruism organisation, and their contact details; |
| (b) | the date or duration of the processing of personal data or use of non-personal data; |
| (c) | the purpose of the processing as declared by the natural or legal person that was given the possibility of processing; |
| (d) | the fees paid by natural or legal persons processing the data, if any. |
2. A recognised data altruism organisation shall draw up and transmit to the relevant competent authority for the registration of data altruism organisations an annual activity report which shall contain at least the following:
| (a) | information on the activities of the recognised data altruism organisation; |
| (b) | a description of the way in which the objectives of general interest for which data was collected have been promoted during the given financial year; |
| (c) | a list of all natural and legal persons that were allowed to process data it holds, including a summary description of the objectives of general interest pursued by such data processing and the description of the technical means used for it, including a description of the techniques used to preserve privacy and data protection; |
| (d) | a summary of the results of the data processing allowed by the recognised data altruism organisation, where applicable; |
| (e) | information on sources of revenue of the recognised data altruism organisation, in particular all revenue from allowing access to the data, and on expenditure. |
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