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EU – The Presidency of the Council of the EU releases the first compromise proposal on the Data Governance Act

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Finlayson-Brown Jane
Jane Finlayson-Brown

Partner

London

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08 March 2021

On 22 February 2021, the Presidency of the Council of the European Union (the Presidency) released the first compromise text of the proposal for a Regulation of the European Parliament and of the Council on European Data Governance (the Data Governance Act). 

The compromise text was discussed at the meeting of the Working Party on Telecommunications and Information Society (WP TELECOM) on 25 February 2021. You can find our high-level overview of the original European Commission’s proposal here.

The compromise text proposed by the Presidency introduces changes to various chapters of the Data Governance Act, including the following:

  • definitions: new definitions of “data sharing service provider” and “data cooperative” are included, definition of “data altruism” is clarified and the term “metadata” is dropped from the proposal;
  • data altruism: any entity entered in the register of recognised data altruism organisations will be obliged to have a mechanism for an easy consent withdrawal and should ensure a high level of security for the storage and processing of data that it has collected based on data altruism;
  • data sharing services: the text is expanded to include obligations to ensure interoperability between data sharing services and indicate the right of data sharing services providers to offer additional specific services to data holders facilitating the exchange of the data; and
  • alignment with GDPR: various amendments introduced to align the text with the definitions of the GDPR and emphasize that the Data Governance Act will not create a new legal basis for processing personal data.

The compromise text is available here.