Data Act · Regulation (EU) 2023/2854
Article 32ec
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Article total: 1 part · 0 Council drafts · 1 Parliament amendment
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Additional proposed wording Amendment 75 IMCO draft opinion · Alex Agius Saliba (rapporteur)
Article 32ec
Fiduciary duties of data expert representatives
A data expert representative shall act, in the exercise of its functions under this Article, in the best interests of each individual it represents, with the due diligence reasonably to be expected of a professional in the field, and in accordance with the principles set forth in this Article.
The duty of loyalty requires the data expert representative to avoid any conflict of interest with the individuals which it represents and its own commercial interests or those of any third party. Where such a conflict is unavoidable, the data expert representative shall make full disclosure in writing, in clear and intelligible terms to the individuals concerned and shall not act in respect of the matter giving rise to the conflict without their consent pursuant to Article 4(11) of Regulation (EU) 2016/679.
The duty of care requires the data expert representative to inform itself of the practices, terms and consequences of the data processing activities on which it advises or negotiates, and to apply professional judgement in the formulation of its advice and in the conduct of negotiations.
The duty of transparency requires the data expert representative to disclose to each individual it represents, in clear and intelligible terms, the basis of its proposed remuneration, the identity of the data controllers with which it has negotiated terms applicable to that individual, the categories of personal data covered by those terms, and any material limitation on the scope of its advice or representation.
The fiduciary duties laid down in this Article are without prejudice to any obligations to which a data expert representative might be subject as a data controller or processor under Regulation (EU) 2016/679 or under any other applicable Union or national law.
Justification
To allow for data subjects to better control and their data use and negotiate better terms for their data use, we include a specific kind of data intermediation service, being the Data Expert Representative, that can register in the public Union register. This expert works under fiduciary duties to act, represent and advise the data subjects, to collectively negotiate better terms for the data subjects. This approach can be a good addition to the new art 88b of the GDPR as it empowers data subjects and can help improve the conditions of their data use.
against:
Article 32ec
Fiduciary duties of data expert representatives
- 1.
A data expert representative shall act, in the exercise of its functions under this Article, in the best interests of each individual it represents, with the due diligence reasonably to be expected of a professional in the field, and in accordance with the principles set forth in this Article.
- 2.
The duty of loyalty requires the data expert representative to avoid any conflict of interest with the individuals which it represents and its own commercial interests or those of any third party. Where such a conflict is unavoidable, the data expert representative shall make full disclosure in writing, in clear and intelligible terms to the individuals concerned and shall not act in respect of the matter giving rise to the conflict without their consent pursuant to Article 4(11) of Regulation (EU) 2016/679.
- 3.
The duty of care requires the data expert representative to inform itself of the practices, terms and consequences of the data processing activities on which it advises or negotiates, and to apply professional judgement in the formulation of its advice and in the conduct of negotiations.
- 4.
The duty of transparency requires the data expert representative to disclose to each individual it represents, in clear and intelligible terms, the basis of its proposed remuneration, the identity of the data controllers with which it has negotiated terms applicable to that individual, the categories of personal data covered by those terms, and any material limitation on the scope of its advice or representation.
- 5.
The fiduciary duties laid down in this Article are without prejudice to any obligations to which a data expert representative might be subject as a data controller or processor under Regulation (EU) 2016/679 or under any other applicable Union or national law.
Article 32ec
Fiduciary duties of data expert representatives
- 1.
A data expert representative shall act, in the exercise of its functions under this Article, in the best interests of each individual it represents, with the due diligence reasonably to be expected of a professional in the field, and in accordance with the principles set forth in this Article.
- 2.
The duty of loyalty requires the data expert representative to avoid any conflict of interest with the individuals which it represents and its own commercial interests or those of any third party. Where such a conflict is unavoidable, the data expert representative shall make full disclosure in writing, in clear and intelligible terms to the individuals concerned and shall not act in respect of the matter giving rise to the conflict without their consent pursuant to Article 4(11) of Regulation (EU) 2016/679.
- 3.
The duty of care requires the data expert representative to inform itself of the practices, terms and consequences of the data processing activities on which it advises or negotiates, and to apply professional judgement in the formulation of its advice and in the conduct of negotiations.
- 4.
The duty of transparency requires the data expert representative to disclose to each individual it represents, in clear and intelligible terms, the basis of its proposed remuneration, the identity of the data controllers with which it has negotiated terms applicable to that individual, the categories of personal data covered by those terms, and any material limitation on the scope of its advice or representation.
- 5.
The fiduciary duties laid down in this Article are without prejudice to any obligations to which a data expert representative might be subject as a data controller or processor under Regulation (EU) 2016/679 or under any other applicable Union or national law.
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