Data Governance Act
Regulation 2022/868 on European data governance
Category
Status
EU
Date of application was 24 September 2023.
EEA
Considering relevance.
Norway
Government Proposal announced 26 June 2024. Two new laws are proposed. A new Data Sharing Act will implement the Open Data Directive, while a new Norwegian Data Governance Act will implement the eponymous EU directive. A consultation round concerning the proposed legislation is currently being held, with the deadline for comments on the consultation paper set to 9 December 2024.
Scope
The DGA primarily applies to public sector bodies, but also providers of data intermediation services, which are platforms or entities that facilitate the sharing of data between data holders and data users. The DGA aims to increase the availability of data for use and re-use, particularly focusing on data held by public sector bodies. It addresses the need for trustworthy data intermediation services and promotes data altruism by encouraging individuals and businesses to make their data available for the common good, such as for research, healthcare, and education.
Relevance
The DGA aims to address technological and trust barriers that have previously limited data sharing in the EEA, thereby enhancing the EEA’s competitiveness and data sovereignty on a global scale. Implementation in Norway will not only enhance Norway’s data governance landscape but also facilitate cross-border data flows with EU countries, thereby supporting Norway’s participation in the European digital single market.
Key obligations
The DGA introduces a legal framework to ensure sharing and accessibility of data, including by prohibiting exclusivity agreements related to data in the public sector, imposing an obligation to share data based on non-discriminatory, transparent and proportionate terms.
Data intermediation services must operate under strict conditions to ensure trustworthiness, transparency, and non-discrimination, and providers will be under an obligation to notify the competent authority of their intention to provide such services.
The act encourages data altruism, where individuals and organizations voluntarily share data for purposes deemed to be for the common good, under regulated and protected conditions.
The DGA further provides a framework for the re-use of public sector data, allowing for the sharing of data that cannot be made openly available due to existing protections, under certain conditions to ensure data privacy and security are maintained. Public sector bodies ability to charge fees for allowing re-use will also be limited.