On Friday 4 June in Luxembourg, the European ministers responsible for telecommunications took stock of the progress that has been made on the Data Governance Act (DGA). This regulation is intended to strengthen the EU’s digital sovereignty, while guaranteeing better supervision of data belonging to European companies and citizens (see EUROPE 12594/9).
“The European Union is ahead in this field and it is important that we maintain this lead”, said Thierry Breton, the Commissioner for the Internal Market, while emphasising the need to ensure the neutrality of gatekeepers.
In response to Member States’ concerns, the Portuguese Presidency of the EU Council has provided clarification on several areas in its progress report, starting with the relationship between the DGA and the General Data Protection Regulation (GDPR).
In respect of this point, the EU Council clearly delimits situations where personal data are concerned, and those situations where non-personal data are concerned. However, some Member States, such as the Netherlands, have indicated that they would welcome further clarification in this area.
The Portuguese Presidency of the EU Council have also added a reference to national laws on personal data protection in order to reflect the fact that such national laws can be adopted under the GDPR.
The text also includes a new article that obliges Member States to define national data sharing policies and to clarify the advisory role of the European Data Innovation Board in this respect. As with the relationship between the DGA and the GDPR Regulation, several Member States have requested clarification on this point.
Finally, a number of changes have also been made to clarify the procedures that are applicable in cases where data holders are required to comply with a decision of a court or administrative authority in a third country that requires transfers to be made or access to non-personal data held in the EU.
Read the progress report: https://bit.ly/3uSgVH6 (Original version in French by Thomas Mangin)