The compromise amendments put forward by the LIBE Committee of the European Parliament (lead committee on the DGA) aim at clarifying the links between the DGA and the GDPR. They stress that GDPR will prevail and the DGA does not create a new legal basis for processing of personal data, also adding that national Data Protection Authorities remain key to handle any data protection issue.
The compromise amendments also emphasize that de-anonymisation of personal data coming from public bodies should not be allowed and that Member States should encourage public bodies to apply the open data principle that allow for swift anonymization of data (In order to facilitate the protection of personal data or confidential data, and to speed up the process of making such data available for re-use under this Regulation, Member States should encourage public authorities to apply the principle ‘open by design and by default’ as referenced in Recital (16) of Directive (EU) 2019/1024 (Open Data Directive) and promote the creation and procurement of data in formats and structures that allow for swift anonymisation in this regard.).
On public sector data, one provision in CA2 on recital 7 states that the DGA should not create an obligation to allow re-use of personal data held by public sector bodies which would therefore need to be coordinated with the Open Data Directive.
The compromise amendment 1 on recital l 3b also stresses that in the case of a data set composed of both personal and non-personal data, where these data are inextricably linked, the data set should be considered personal data.
They also define data sharing intermediation service as “a service, that, through the provision of technical, legal and other means establishes relationships between an undefined number of data subjects and or data holders, on the one hand, and data users, on the other hand”.
As regards sanctions, the compromise amendments want to align them with the GDPR, i.e. to 20 M € or 4% of the global turnover. The vote in the LIBE Committee took place on June 28th.
The FEBIS Regulatory Committee is working on the global approach to the Data Governance Act and we will keep updating on the legislative process through our usual communication channels.