Discussion on the Data Management Law

European Commission Unveils Data Governance Act

The European Commission has announced the release of the Data Governance Act (DGA) on November 25, 2020. This new act aims to promote data-driven innovation in the EU, and it establishes a framework for data sharing among public and private sector entities.

The DGA creates a notification and compliance framework for providers of data sharing services. It also establishes a voluntary registration regime for entities engaged in data altruism. To ensure the effective implementation of these regimes, a competent authority will be appointed in each EU member state. This authority will have the power to impose administrative and financial penalties in case of non-compliance.

Preventing the public sector from charging excessive fees for data access is a concern addressed by the DGA. It is essential that the public sector provides data in a fair and affordable manner to foster innovation and growth.

Balancing data protection and competition laws is another key aspect the DGA needs to address. Further clarification is necessary to ensure data protection laws do not hinder data sharing, while competition laws do not unduly restrict data sharing among firms.

The DGA also includes a component to enable the reuse of certain categories of protected public sector data. This move aims to foster innovation by making data more accessible to the private sector.

Another important aspect of the DGA is ensuring that competition laws do not prevent firms from sharing data. The DGA aims to foster competition and innovation by encouraging data sharing, while also ensuring a level playing field.

The DGA's impact on trade with non-EU countries needs to be carefully considered. The DGA should address the issue of excessive fees for data access in the public sector, but it also needs to ensure that trade with non-EU countries is not hindered.

The European Data Innovation Board, established by the DGA, is responsible for developing best practices and facilitating cooperation between member states. This board will advise and assist the Commission in implementing the DGA.

The actions of the competent authority responsible for monitoring and implementing the notification and registration regimes related to data intermediaries under Chapter V of the EU data protection legislation are subject to judicial review. This ensures transparency and accountability in the implementation of the DGA.

The DGA is one of the European Commission's measures to support the European strategy for data. It is expected to play a significant role in fostering data-driven innovation and promoting competition in the EU. However, further examination is required to fully understand its implications for trade and data access fees.