Data Governance Act

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What is it about?

The Data Governance Act (DGA) is a European regulation (Regulation (EU) 2022/868) that introduces comprehensive rules regarding access to and use of - personal and non-personal - public sector data as well as third party rights (such as trade secrets and intellectual property rights). In addition, the Data Governance Act contains regulations on the activities of data sharing services (so-called "data intermediaries" or also data brokering services) as well as regulations intended to promote "data altruism", the voluntary sharing of data by third parties.

Current status and timeline

The Data Governance Act came into force on 30 May 2022 and will be applicable from 24 September 2023 after an implementation period.

Who is affected?

The Data Governance Act affects all companies in principle, but especially those with an interest in the use of public sector data, public bodies and data brokerage services.

Challenges for companies

In the context of using public sector data under the Data Governance Act or acting as a data brokering service, companies must comply with certain requirements, including:

Data access and use: Businesses must comply with legal and technical requirements to access and lawfully use public sector data, in particular data protection and security requirements.
Respect third party rights and trade secrets: In particular, companies must ensure that they respect the rights of third parties, such as intellectual property rights and trade secrets, when using data under the Data Governance Act.
Data brokering services: Providers of data brokering services must establish transparent processes and respect the rights of third parties to ensure fair and secure data trading.

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Our legal services:

As a specialist law firm, we offer a range of legal advice products to help businesses implement the Data Governance Act. Our services include:

Compliance review: We review your data management practices for compliance with the requirements of the Data Governance Act and provide solutions to close compliance gaps.
Contract drafting and review: We draft and review contracts and agreements to ensure that they comply with the requirements of the Data Governance Act.
Training and awareness: We offer training and workshops to inform your team about the provisions of the Data Governance Act and to raise awareness of data protection requirements.
Litigation and claims for damages: We represent you in litigation and support you in claims for damages in connection with the Data Governance Act.