Report on the national implementation of the Data Governance Act published
On 26 May 2023, the Ministry of Transport and Communications published a working group report on the national implementation of the EU’s Data Governance Act. The report analyses and summarises the obligations laid down in the Act.
The Regulation of the European Parliament and of the Council on European data governance, i.e. the Data Governance Act (DGA), entered into force on 23 June 2022. A new EU regulation, the DGA implements the objectives of the European data strategy together with other regulations that concern the digital environment. It creates a framework for data governance based on European values to improve access to data and harmonise data sharing in the EU. The aim is to create a shared European data space and an interoperable single market for data.
The DGA will apply as of 24 September 2023. It is directly applicable and must be complied with as such. EU regulations do not require the same kind of implementation as directives. However, any possible overlaps and conflicts in national regulation and practice must be eliminated, insofar as there is no national room for manoeuvre. The DGA also requires the adoption of certain national regulations.
The report focuses on areas requiring public sector work to enable implementation
On 4 October 2022, the Ministry of Transport and Communications appointed a working group to prepare for the DGA’s national implementation. The working group was tasked to form a shared view on the content, requirements and impacts of the DGA and on any needs for legislative amendments. The working group was also asked to support the ministries' duty to ensure that the legislation and activities in their branch of government comply with EU law.
The working group has now published a report focusing on the parts of the DGA that will require public sector work to enable implementation.
The report describes the requirements imposed on public sector bodies when they make available the categories of data specified in the DGA. It also describes the new tasks for public officials laid down in the DGA and the alternatives for organising them, and examines how violations of the DGA should be sanctioned.
In addition to these areas, the DGA lays down provisions on intermediation services and recognised data altruism organisations. Data altruism means sharing of data without receiving any reward so that it may be used for objectives in the general public interest.
The working group had members from the Ministry of Finance, the Ministry of Education and Culture, the Ministry of the Interior, the Ministry of Social Affairs and Health, the Ministry of Economic Affairs and Employment, the Ministry of Agriculture and Forestry and the Ministry of Transport and Communications.
The working group has supported the ministries' implementation work. The report does not include proposals for legislative amendments, as these will be drawn up separately. The Ministry of Transport and Communications and the Ministry of Finance have both drawn up legislative amendments to implement the tasks laid down in the DGA for public officials.
The Ministry of Transport and Communications has drawn up a government proposal which has been circulated for comments and is due to be submitted to Parliament as soon as possible. The amendments prepared by the Ministry of Finance are currently being circulated for comments.
The DGA will apply from 24 September 2023 onwards.