The House of Data Imperiali bulletins are extracts from the articles of the Legal Information Service (SIG) edited by Mr. Rosario Imperiali d’Afflitto.

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Data Governance Act -3

Let’s resume our analysis of the EU Regulation known as the Data Governance Act, examining the data intermediation and data altruism services and the implications with the data protection regulation.

We have already addressed some points of the DGA in the June 23, 2022 and July 7, 2022 bulletins.

2- Data Intermediation Services

In the original version of the proposed regulation, the provision of specific data sharing services – both personal and non-personal – had raised serious concerns about the proper balance between DGA and GDPR. In its final version, the DGA replaced such services with data intermediation services which involve data sharing.

The term of “data sharing” – as clarified by its definition – takes into due consideration the data protection regulation, so that the Article 2 (10) DGA qualifies this expression as “the provision of data by a data subject or a data holder to a data user or the purpose of the joint or individual use of such data, based on voluntary agreements or Union or national law, directly or through an intermediary (…)”  subject to a fee or free of charge.
Figure – Modalities of data sharing under the DGA.

It follows that the provision:

  • by the data subject to the data user, will have as its object the personal data of the data subject allowing, in particular, the exercise of the data subject’s rights;
  • by the data controller to the data user, may have as its object both personal data and non-personal data but will still have to be done on the basis of Union or national law, i.e., in compliance with the requirements of the GDPR with regard to personal data.
Figure – Summary of data intermediation services according to the DGA.

Article 10 of the DGA distinguishes data intermediation services into three categories:

  • intermediation services between data holders and potential data users
  • intermediation services between data subjects that seek to make their personal data available and potential data users
  • services of data cooperatives i.e., services that help data subjects or sole proprietorships, micro-enterprises, small and medium-sized enterprises in the transparency and management of consent to processing.
The provider of data intermediation services uses them for the sole purpose of putting them at the disposal of data users (Art. 12(a) of the DGA).