Data regulation and cyber
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Data Governance Act
Status: In force
- Applies from 24 September 2023
Summary
EU Regulation introducing a framework designed to enhance trust in and facilitate voluntary data sharing for the benefit of businesses and citizens. Introduces rules for different categories of voluntary data sharing.
Scope
- In-scope organisations: public sector bodies, providers of data intermediation services - e.g. companies which do not sell data themselves but bring together other companies interested in monetising and re-using data - and data altruism organisations
- Applicable to all types of protected data (personal and non-personal).
Key elements
- Creation of shared data spaces and mechanisms for re-using certain categories of protected public sector data
- Ensuring trust in data sharing by establishing neutral data intermediaries (= data intermediation services providers)
- Facilitating data sharing for companies, individuals, and public organisations for public benefit purposes (= data altruism)
- Obligations for data intermediation services providers to guarantee their neutrality and prevent conflict of interest, e.g. structural separation of data intermediary services from other services, notification obligation to receive ‘accreditation’ of data intermediary status by national authorities
- Fines in case of non-compliance / amount left to national law
Challenges
- No obligations for companies to share their data
- Interplay with GDPR remains unclear
- Definition of data intermediaries not a ‘clear cut’
Key Freshfields contact(s):
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Dr. Christoph Werkmeister Partner
Düsseldorf
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Dr. Theresa Ehlen Partner
Düsseldorf, Frankfurt am Main
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Dr. Gernot Fritz Counsel
Wien