With the design for a Data Governance Act (DGA), the EU Commission wants to create an ambitious framework to better extinguish the potential of the static growing data. Arise "Smooth market for data", explained the for digital stateprasidentary Margrethe Vestager at the presentation of the proposal on Wednesday in Brussel. The public administration, companies and individuals should be encouraged to share their data stronger.
With the planned regulation, the Commission wants to be rules and funds for one "trusting data altruism" introduce. Everyone should provide data from the areas of health and mobility for purely non-commercial purposes free of charge, so that these particular communities or society benefits as a whole. For example, public transport or medical research and treatment should be improved. An already available instrument in this sense is the controversial corona data donation app in this country.
Independent data brokers
Burgers and companies should build on it that their information provided "be treated by trustworthy organizations in accordance with the values and principles of the EU". It goes around the "Quadrature of the circle", Rooms Vestach: It is concerned about sensitive data that are affected privacy and beneficial secrets. The Commission is here, however, as a pioneer and place with requirements for high protection measures, ensure that the legitimate rights of those affected were not allowed to be injured.
A mechanism for DAFUR should be independent data brokers. Currently, above all, companies that they could enhance competitive advantages by passing on their data or could be abused their intangible resources. Therefore "Trustworthy provider of services for joint data usage" Measures and information in a neutral manner and organize. In order to guarantee neutralitat, the intermediary is allowed to pass on the good not entrusted to him in his own interest or develop their own product. The Histors should monitor compliance with the requirements, the Commission will lead to a public register of the data brokers.
Form for data altruism
The Commission also wants to prepare a common European consent form for data altruism in order to encourage collecting data on the common good in all Member States in a uniform format. It should be modular so that it can be tailored to the needs of certain sectors and purposes.
Member States will be technically upgraded to make it for public bodies "the unrestricted preservation of privacy and confidentiality can", Write the Commission. This is a number of solutions comprise as anonymization, closure "legally binding confidentiality agreements, which must sign the further user". Whenever such data were transferred to third parties, there will be arrangements for the Data Protection Basic Regulation (DSGVOs).
Current data exchange in the EU
EU Internal Market Commissioner Thierry Breton referred to the instrument of standard contract clauses, according to which for data transfer in third countries make special protection mechanisms. After the transatlantic privacy shield by the "Schrems II judgment" of the European Court of Justice remains the delivery of customer data to the US because of the local mass management guidance, but only little scope.
European data space should be allowed in parallel, information from the EU "Trusting and cost-effective exchange". Including the design for the safe technical infrastructure, for example, in the cloud as well as the associated control and protection mechanisms. In their data strategy, the Commission has provided for the areas of environment, energy, agriculture, mobility, finances and public administration as well as investments in the amount of two billion euros for the construction of the systems.
Location of the table
In the coming year, it should start with suggesting for about a European health data space and a replacement structure for the Green Deal. The Commission also announced a right act, the burgers and agents a better access to industry data should be made from networked cars or the Internet of things. The draft regulation also sets on one "European data innovation council". The body is intended to facilitate the exchange of preserved methods in particular for data donations and open data.
The obligation intended and above all required by Breton and again required to store at least certain data within the EU is largely from the table. "The free flow of data is especially important", Stressed the Frenchman now. Confidence is the key to that. As with the cloud project Gaia-X underscore Breton: Everyone is welcome to participate, "But everyone must pay attention to our rules". For particularly sensitive administrative data, he also did not exclude special requirements for keeping in the EU in accordance with international provisions.
Praise and criticism
Previously, Burger’s rights lawyers such as Max Schreems or Estelle had given way from the organization access now to concern that the ALTRUMIS concept of the Commission are vague and the DSGVO can be killed. An irreversible anonymization is technically not to be true. The intermediaries were allowed to prevent abuse.
The IT association Bitkom collected the proposal, on the other hand, since this "the foundation for a safe and sovereign data exchange between companies, private individuals and the public hand" kink. The EU must be from one "Too close understanding of data saving loose".
Action plan for intellectual property
In parallel, the Commission has a new one "Action plan for intellectual property" released. It should help mainly small and medium-sized enterprises (SMEs), "to optimally use their inventions and chops". According to vestibers, this initiative also underlines that in the law for data governance intellectual rights were observed.
Only nine percent of SMEs currently applied for commercial property rights, defendant Vestager. They thought they were too expensive and the method for too expensive. Therefore, for example, special advisory services offer you about the Research Framework Program Horizont Europe so that you could hedge your integer.
Useful use of easier enforceable
With the plan, the Commission also wants to contribute to the fact that standard-resistant patents are better licensed to fair, reasonable and non-discriminating conditions (Frand) and can be enforced simply. Third party parties should be awarded, for example, whether a covered invention was essential, vestors leaked. The cost of legal disputes over claim have been lowered, the mediation given more space.
Especially in the area of the Internet of Things as well as networked vehicles "Patented products everywhere" included, blessed Breton. The affected companies should therefore compile themselves to find solutions in the dialogue. Also the approach of "Patent pool" you will be checked. The instrument of the collective licenses of patents, according to which right holders must provide their protected know-how, the Commission does not have a coarse status.