01 October 2021


On 1 October, the Council's Permanent Representatives Committee (Coreper) agreed on a negotiating mandate on a proposal for a Data Governance Act (DGA), which is part of a wider policy, aimed to give the EU a competitive edge in the increasingly data-driven economy. The Act would seek to set up mechanisms to facilitate the reuse of certain categories of protected public-sector data, increase trust in data intermediation services and promote data altruism across the EU.

The act will create a mechanism to enable the safe reuse of certain categories of public-sector data that are subject to the rights of others. This includes e.g. data protected by intellectual property rights, trade secrets and personal data. Public-sector bodies allowing this type of reuse will need to be technically equipped to ensure that privacy and confidentiality are fully preserved.

The proposal creates a framework to foster a new business model to provide a secure environment to help companies or individuals share data, the so-called data intermediation services. For companies, these services could take the form of digital platforms, which would support voluntary data-sharing between companies or facilitate data-sharing obligations set by law. Thereby, companies shall be able to share their data without the fear of misuse or a loss of competitive advantage. The service providers, which would need to be listed in a register, would not be allowed to use shared data for other purposes. They would not be able to benefit from the data, for example by selling it on, but may charge for the transactions. The Council position indicates more clearly which types of companies can be data intermediaries. Moreover, the European Data Innovation Board will be created to advise and assist the Commission in enhancing the interoperability of data intermediation services.

Based on the mandate, the Council presidency can start negotiations with the European Parliament, with both institutions needing to agree on the final text.

Source: Council of the EU