Digital Omnibus proposal
Recital 7
Compare the available Commission, Council and Parliament texts and amendments affecting this recital.
Recital total: 1 part · 3 Council drafts · 4 Parliament amendments
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Recital 7
Commission proposal
Regulation (EU) 2022/868 of the European Parliament and of the Council27 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council28. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council29 on guidance on the processing of personal data in the context of scientific research.
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Recital 7
June Presidency compromise · 10 June
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Recital 7
June Presidency compromise · 18 June
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Recital 7
September Presidency compromise
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Recital 7 3 Council drafts
Recital 7
10 June 2026 · June Presidency compromise · 10 June
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Recital 7
18 June 2026 · June Presidency compromise · 18 June
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Recital 7
3 September 2026 · September Presidency compromise
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
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Alternative wording Amendment 4 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8 . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules areshould overlybe stringent for service providers to find a sustainable financial modelimproved. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
__________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Alternative wording Amendment 115 · João Oliveira ITRE · LIBE
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules., Thewhile evaluationretaining national public registers, ensuring that these services continue to be regulated by the designated competent authorities of the rulesMember onStates, dataand intermediationmaintaining servicesthe has shownrequirement that thethey definitionbe ofpublicly registered. To that end, all data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism inorganisations place,should thebe establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going workbound by the Europeansame Dataobjectives Protectionand Boardobligations, referredwhile toparticular inaccount Articleshould 68be of Regulation (EU) 2016/679taken of the Europeankind Parliamentof data processed by those entities, including personal data, and scope should be provided for supervision tailored to the specific circumstances of the Council9Member on guidance on the processing of personal data in the context of scientific researchStates.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Alternative wording Amendment 116 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8 . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules areshould overlybe stringent for service providers to find a sustainable financial modelimproved. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Alternative wording Amendment 117 · Diana Iovanovici Şoşoacă ITRE · LIBE
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent, applied, bureaucratic and unnecessary, for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
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Recital 7
European Commission proposal → Council Presidency text · ST 10426/26
Changes in context
RemovedAdded
Both texts in full
European Commission proposal
Regulation (EU) 2022/868 of the European Parliament and of the Council27 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council28. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council29 on guidance on the processing of personal data in the context of scientific research.
Council Presidency text · ST 10426/26
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Recital 7
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Council Presidency text · ST 10677/26
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Recital 7
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Council Presidency text · ST 12535/26
rules for intermediary functions in three different settings: (a) functions that support the reuse of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of ongoing work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
Recital 7
Wording reproduced in the amendment → Amendment 115 · ITRE–LIBE amendments 79–250 to the draft report
Changes in context
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules., Thewhile evaluationretaining national public registers, ensuring that these services continue to be regulated by the designated competent authorities of the rulesMember onStates, dataand intermediationmaintaining servicesthe has shownrequirement that thethey definitionbe ofpublicly registered. To that end, all data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism inorganisations place,should thebe establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going workbound by the Europeansame Dataobjectives Protectionand Boardobligations, referredwhile toparticular inaccount Articleshould 68be of Regulation (EU) 2016/679taken of the Europeankind Parliamentof data processed by those entities, including personal data, and scope should be provided for supervision tailored to the specific circumstances of the Council9Member on guidance on the processing of personal data in the context of scientific researchStates.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Amendment 115 · ITRE–LIBE amendments 79–250 to the draft report
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules, while retaining national public registers, ensuring that these services continue to be regulated by the designated competent authorities of the Member States, and maintaining the requirement that they be publicly registered. To that end, all data intermediation service providers and data altruism organisations should be bound by the same objectives and obligations, while particular account should be taken of the kind of data processed by those entities, including personal data, and scope should be provided for supervision tailored to the specific circumstances of the Member States.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
Recital 7
Wording reproduced in the amendment → Amendment 116 · ITRE–LIBE amendments 79–250 to the draft report
Changes in context
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8 . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules areshould overlybe stringent for service providers to find a sustainable financial modelimproved. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8 . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Amendment 116 · ITRE–LIBE amendments 79–250 to the draft report
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8 . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers and the rules should be improved. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Recital 7
Wording reproduced in the amendment → Amendment 117 · ITRE–LIBE amendments 79–250 to the draft report
Changes in context
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent, applied, bureaucratic and unnecessary, for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Amendment 117 · ITRE–LIBE amendments 79–250 to the draft report
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8. Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent, applied, bureaucratic and unnecessary, for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
_________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Recital 7
Wording reproduced in the amendment → Amendment 4 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
Changes in context
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8 . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules areshould overlybe stringent for service providers to find a sustainable financial modelimproved. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
__________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
RemovedAdded
Both texts in full
Wording reproduced in the amendment
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8 . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers has weaknesses and that the rules are overly stringent for service providers to find a sustainable financial model. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
__________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Amendment 4 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
(7) Regulation (EU) 2022/868 of the European Parliament and of the Council7 has established rules for intermediary functions in three different settings: (a) functions that support the re-use of protected data held by public sector bodies under controlled conditions; (b) data intermediation services that facilitate data sharing between data subjects, data holders and data users; and (c) data altruism organisations that support the use of data made available by data subjects and data holders on an altruistic or philanthropic basis. Functions supporting the re-use of protected data held by the public sector have a close link with rules of Directive (EU) 2019/1024 of the European Parliament and of the Council8 . Their interplay has caused confusion namely among public sector bodies. It is thus necessary to merge the two sets of rules. The evaluation of the rules on data intermediation services has shown that the definition of data intermediation service providers and the rules should be improved. It is thus also necessary to streamline the regime. With respect to data altruism, certain rules of Regulation (EU) 2022/868, notably the obligation on Member States to have national policies on data altruism in place, the establishment of a ‘rulebook’ and developing a European data altruism consent form appear unnecessary regulation, also in light of on-going work by the European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 of the European Parliament and of the Council9 on guidance on the processing of personal data in the context of scientific research.
__________________
7 Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act) (OJ L 152, 3.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/868/oj).
8 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56, ELI: http://data.europa.eu/eli/dir/2019/1024/oj).
9 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).