Regulation (EU) 2022/868 on European data governance (Data Governance Act)

Ce que fait l'acte

to promote the availability of data for use, by proposing measures to stimulate data sharing and to support the European Data Spaces. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: this proposal for a Regulation on European Data Governance (Data Governance Act) is the first concrete action in the framework of the European Data Strategy . The Committee on Industry, Research and Energy adopted the report by Angelika NIEBLER (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council on European data governance (Data Governance Act). The proposed regulation aims to promote the availability of data for use, increasing trust in data intermediaries and strengthening data sharing mechanisms across the EU. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: Members believe that public sector bodies should avoid entering into agreements creating exclusive rights for the re-use of certain data. They propose limiting exclusivity agreements to a period of 12 months . Public sector bodies competent to grant or refuse access for re-use of one or more of the categories of data should be provided with the necessary human and financial resources and should make public the conditions for authorising such re-use and the procedure for applying for re-use through the national single information points. Conditions for re-use should be transparent and should not be designed to restrict the participation of SMEs, start-ups or civil society actors. Public sector bodies should ensure that the protected nature of data is preserved . EU and Member State law on the protection of personal data should apply to any personal data processed under the Regulation. Where public sector bodies make personal data available for re-use, they should assist data subjects to exercise their rights, including vis-à-vis potential re-users. Within their capabilities, public sector bodies should provide advice and support to re-users to help them comply with their obligations. The Commission should adopt delegated acts establishing that a third country offers a level of protection substantially equivalent to that provided by EU or national law. It should also: (i) issue guidelines on the obligations relating to the transfer of non-personal data to a third country by re-users; (ii) establish, by means of implementing acts, standard contractual clauses for the transfer by re-users of non-personal data to a third country. Single information points should provide an electronic and public register of single information points in all other Member States and be linked to the single digital gateway established by Regulation (EU) 2018/1724 of the European Parliament and the Council. A separate, simplified and well-documented information channel could be established for SMEs and start-ups. The Commission should establish a European single…

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