欧盟委员会-欧洲数据治理条例（数据治理法）（英文）-2020.11-43页_441kb

Summary of the Proposal for a Regulation on European Data Governance (Data Governance Act)

1. Context of the Proposal

- Reasons for and Objectives

The proposal for a Regulation on European data governance is the first measure under the 2020 European strategy for data. It aims to:

• Enhance the availability of data for use by increasing trust in data intermediaries.
• Strengthen data-sharing mechanisms across the EU.
• Address situations where public sector data is subject to rights of others.
• Facilitate B2B data sharing with remuneration.
• Enable the use of personal data through a 'personal data-sharing intermediary'.
• Support data use on altruistic grounds.

- Consistency with Existing Policy Provisions

• The Regulation complements the Open Data Directive (Directive (EU) 2019/1024).
• It aligns with the GDPR and ePrivacy Directive, ensuring a trusted legal framework for personal data.
• It does not aim to alter existing rights or create new sectoral obligations.
• It is consistent with competition law and the e-commerce Directive (2000/31/EC).

- Consistency with Other Union Policies

• The Regulation supports sector-specific data access legislation in areas such as the automotive industry, health, energy, and transport.
• It does not conflict with these laws but rather reinforces the single market for data.
• It supports the development of European data spaces, which are essential for cross-border data flows and the functioning of the internal market.

2. Legal Basis, Subsidiarity, and Proportionality

- Legal Basis

• Article 114 of the TFEU is the legal basis for the Regulation.
• It enables the EU to harmonize data governance practices to ensure the functioning of the internal market.

- Subsidiarity

• The Regulation is justified by the need for a coordinated approach to data sharing across Member States.
• It supports the creation of a single market for data, which requires harmonized rules due to the cross-border nature of data flows.
• It respects Member States' freedom to legislate on public sector information and allows flexibility in implementation.

- Proportionality

• The Regulation is proportionate and does not exceed what is necessary to achieve its objectives.
• It introduces a balanced approach, with harmonized rules and flexibility for Member States.
• It supports the development of data spaces and the emergence of neutral data intermediaries.

3. Results of Evaluations, Consultations, and Impact Assessments

- Stakeholder Consultations

• An online consultation was conducted from 19 February 2020 to 31 May 2020.
• Over 800 contributions were received, including from SMEs, NGOs, and public authorities.
• The consultation highlighted support for standards, data altruism, and safeguards for data intermediaries.

- Expertise Collection

• Ten workshops on common European data spaces were held in 2019 and one in May 2020.
• These workshops gathered over 300 stakeholders and identified common elements across sectors.
• The aim was to establish a horizontal governance framework applicable to all sectors.

- Impact Assessment

• The impact assessment evaluated four intervention areas:
  1. Enhanced use of protected public sector data.
  2. Certification or labelling of data intermediaries.
  3. Facilitating data altruism.
  4. Establishing an EU-level governance structure.
• A combination of low and high intensity regulatory interventions was preferred.
• A notification framework for data sharing providers and a voluntary registration system for data altruism organizations were selected.
• The Regulation is expected to increase the data economy's value from EUR 533 to 544.4 billion (3.92%–3.95% of GDP).

4. Budgetary Implications

• The proposal does not have any budgetary implications.

5. Other Elements

- Implementation and Monitoring

• Monitoring and evaluation are essential to track the impact of the Regulation.
• Mechanisms include stakeholder surveys, the Support Centre for Data Sharing, the European Data Innovation Board, and an evaluation study.

- Detailed Provisions

• Chapter I: Defines the scope and key terms of the Regulation.
• Chapter II: Introduces a mechanism for reusing protected public sector data, ensuring non-exclusivity and data protection.
• Chapter III: Establishes a notification regime for data sharing providers, requiring neutrality and fiduciary duties for personal data sharing.
• Chapter IV: Facilitates data altruism by allowing organizations to register as 'Data Altruism Organisations' and by creating a common consent form.
• Chapter V: Outlines the role and responsibilities of competent authorities in monitoring and enforcing the Regulation.
• Chapter VI: Creates the European Data Innovation Board to promote best practices and coordinate cross-sector standardization.
• Chapter VII: Allows the Commission to adopt implementing acts for the data altruism consent form.
• Chapter VIII: Contains transitional and final provisions for the Regulation.

6. Fundamental Rights

• The Regulation ensures compliance with data protection and privacy laws.
• It supports the GDPR and enhances individuals' control over their data.
• It respects the rights of data owners, including intellectual property and commercial confidentiality.

7. Legal Framework and References

• The Regulation is consistent with the GDPR, ePrivacy Directive, and other EU data laws.
• It does not interfere with the free flow of data between Member States and third countries, provided that exceptions for public security and order are respected.

8. Conclusion

• The Data Governance Act is designed to create a harmonized and trusted environment for data sharing across the EU.
• It supports the development of European data spaces and encourages the use of data for innovation, research, and societal challenges.
• The Regulation is proportionate, respects fundamental rights, and aligns with existing and future EU data strategies.