The Portuguese Presidency of the EU Council presented its compromise text on European Data Governance (DGA) on 22 June (see EUROPE 12734/9).
Several changes have been made in this new version of the document. Starting with the fact that the DGA does not affect other EU and national rules on access to and disclosure of public documents.
References to national law have also been added, ensuring that in addition to EU data protection laws, the laws in force in the Member States can override what the data governance provision provides in case of conflict.
The compromise text also states that entities on the register of data altruism organisations - which is the provision of data without remuneration, for strictly non-commercial use and for the benefit of the community - and stakeholders should “be encouraged to develop self-regulatory codes of conduct at EU level”, the text says.
For its part, the European Commission will have to verify in the future whether adherence to these codes of conduct should become a prerequisite for the entry of these organisations in the register.
With regard to intermediation services and data transfers, several clarifications have been added to ensure that the information obligations are in line with the General Data Protection Regulation (GDPR).
The text also provides that these entities are required to notify the competent authority of any breach of the rules after correction. These authorities will, in turn, have to notify the Commission.
The Portuguese Presidency document specifies and clarifies the situation on the relationship between the DGA and the GDPR, setting limits on the situations where personal data is concerned and those where non-personal data is concerned.
See the compromise text: https://bit.ly/3dyhqk0 (Original version in French by Thomas Mangin)