Focus on the Data Governance Act

Regulation 2022/868 on la European Data Governance

 

Publication

30 May 2022 in the Official Journal of the European Union

Coming into force

September 24, 2023

Goals :

  • foster data availability by increasing trust in data intermediaries and strengthening data sharing mechanisms across the Union. Thus, data acquisition and processing costs for companies should be substantially reduced. Moreover, the European Commission estimates that access to data and its reuse could generate profits of up to 2,5% of GDP.
  • control the data in order to strengthen Europe's digital sovereignty.
  • ensure the protection and enhanced control of personal data in accordance with the GDPR

New:

  1. Provision is made for the conditions under which data held by public sector bodies may be reused and accessed. These are data protected for reasons of commercial confidentiality, by statistical secrecy, for the protection of the intellectual property of third parties, or personal data. The public body must provide for the conditions for their reuse and have anonymized the personal data.
  2. Data intermediation services are defined (eg digital platforms allowing free sharing or control of their data by companies and individuals as well as the exercise of their rights for the latter) and governed by mandatory certification.
  3. The framework in which entities may collect and process data for altruistic purposes is specified in order to allow people to voluntarily make their data available without compensation for the purpose of general interest.
  4. Creation of a European Data Innovation Committee in charge of establishing a collection of rules supplementing the regulations

 

In short, the objective of the DGA is to guarantee the competitiveness of the European digital economy by supervising the sharing of data in the face of GAFAM

Marine-Vanhoucke1-jpg

Marine Vanhoucke

Partner

Marine Vanhoucke advises companies on Intellectual property and accompanies them on their subjects of Compliance.

Head of Hong Kong office, she assists French companies in their establishment and growth in Asia and has built up expertise in legal issues of international law, notably combining French and Asian interests.