EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
   EP - Committee report tabled for plenary, 1st reading

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:

Re-use of certain categories of public sector data

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

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.

Transfer of data to third countries

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 point

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 information point providing a searchable electronic register of data available in national single information points and further information on how to access data through these single information points.

Requirements for data sharing services

Members clarified the scope of the legislation, in particular regarding data intermediation services , to ensure that large technology companies are included in the framework.

In order to ensure that recognised data intermediation service providers in the EU are easily identifiable throughout the EU, the Commission should establish, by means of implementing acts, a design for a common logo. Providers of data intermediation services recognised in the Union shall display the common logo clearly on every online and offline publication that relates to their data intermediation activities.

Altruistic data organisations

Members proposed that only an entity registered in the public national register of recognised data altruism under the Regulation should be allowed to use the name ‘data altruism organisation recognised in the Union’ in its written and spoken communications, together with a common logo.

EU-recognised altruistic data organisations should clearly display the common logo on every online and offline publication that relates to their altruistic data activities.

Where an entity that is not established in the Union fails to designate a legal representative or the legal representative fails to provide within a reasonable timeframe, the necessary information that comprehensively demonstrates compliance with this Regulation, the competent authority should have the power to impose the immediate cessation of the provision of the data altruism activity.

Both data intermediaries and data altruism organisations should be removed from the respective national and Union registers in case of non-compliance.


Fees applicable under the Regulation should be transparent, proportionate, non-discriminatory and objectively justified. Furthermore, competent authorities should be able to apply reduced or zero fees for micro, small and medium-sized enterprises, start-ups, civil society organisations and educational institutions.

Judicial remedy

Any natural or legal person affected by a decision of a public sector body or competent body, as the case may be, should have an effective judicial remedy against that decision before the courts of the Member State in which the body is located.

Members also considered that Member States should provide for a system of penalties applicable to breaches of the provisions of the Regulation.

   EP - Vote in committee, 1st reading
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
   EP - Committee opinion
   EP - Committee opinion
   EP - Committee opinion
   EP - Referral to associated committees announced in Parliament
   EP - MELCHIOR Karen (Renew) appointed as rapporteur in JURI
   EP - Amendments tabled in committee
   EP - Amendments tabled in committee
   EP - Amendments tabled in committee
   RO_SENATE - Contribution
   EP - Committee draft report
   CZ_SENATE - Contribution
   PL_SENATE - Contribution
   DE_BUNDESRAT - Contribution
   EP - GOZI Sandro (Renew) appointed as rapporteur in IMCO
   EP - LAGODINSKY Sergey (Verts/ALE) appointed as rapporteur in LIBE
   EP - NIEBLER Angelika (EPP) appointed as rapporteur in ITRE
   EP - Committee referral announced in Parliament, 1st reading
   EC - Legislative proposal

PURPOSE: 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 .

In its Data Strategy, the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the EU in compliance with applicable law. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union.

The Commission proposed to establish domain specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. Such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills.

In this context, it is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges.

A single market for data should ensure that data from the public sector, businesses and citizens can be accessed and used in the most effective and responsible manner possible, while businesses and citizens keep control of the data they generate and the investments made into their collection are safeguarded.

IMPACT ASSESSMENT: according to the impact assessment support study, while in the baseline scenario the data economy and the economic value of data sharing is expected to increase to an estimated EUR 510-533 billion (3.87% of GDP), this would rise to EUR 540.7-544.4 billion (3.92%-3.95% of GDP) depending on the preferred option.

CONTENT: the proposed Regulation aims to promote the availability of data for use, by increasing trust in data intermediaries and strengthening data sharing mechanisms across the EU.

Re-use of certain data held by the public sector

The proposal creates a mechanism to enhance the use of certain public sector data, conditional on the respect of the rights of others (notably on grounds of protection of personal data, but also protection of intellectual property rights and commercial confidentiality).

Public sector bodies authorising such re-use should be technically equipped to ensure that data protection, privacy and confidentiality are fully preserved.

The proposal:

- defines a set of harmonised basic conditions, the respect of which would allow the re-use of data (e.g. the non-exclusivity requirement);

- obliges Member States to set up (i) a single contact point to help researchers and innovative companies select identify suitable data, and (ii) structures that will support public sector bodies with technical means and legal assistance.

Creation of a notification regime for data sharing service providers

In order to increase trust in the sharing of personal and non-personal data and lower transaction costs to B2B and C2B data sharing by creating a notification regime for data sharing providers, providers of data-sharing services would have to comply with a number of requirements, including the obligation to remain neutral with regard to the data exchanged and not to use such data for other purposes.

A competent authority designated by the Member States would be responsible for monitoring compliance with the requirements relating to the provision of data sharing services.

Data Altruism

In order to facilitate altruistic data (data voluntarily made available by individuals or companies for the common good), the proposal gives data altruistic organisations the possibility to register as a ‘Data Altruism Organisation recognised in the EU’ in order to increase trust in their operations.


The proposal:

- sets out the requirements for the functioning of the competent authorities designated to monitor and implement the notification framework for data-sharing service providers and entities engaged in data altruism. It also contains provisions on the right to lodge complaints against the decisions of such bodies and on the means of judicial redress;

- creates a formal expert group (the ‘European Data Innovation Board’), which will facilitate the emergence of best practice by Member State authorities and advise the Commission on the governance of cross-sectoral standardisation.

   EC - Document attached to the procedure
   EC - Document attached to the procedure
   EC - Document attached to the procedure


1288 2020/0340(COD)
2021/04/28 ITRE 631 amendments...
source: 691.468
2021/05/28 IMCO 231 amendments...