The Data Governance Act came into force on 24 September 2023

Who does the Data Governance Act apply to? To which data does the Data Governance Act apply?

It varies by chapter of the Data Governance Act to whom and what data it applies. For example, the chapter on the reuse of certain categories of protected data held by public entities covers data protected on the basis of, for example, commercially agreed confidentiality but also, for example, data held by public sector bodies that is protected under of third-party intellectual property rights.

For data sharing services, the provision of these services must meet certain requirements and the provision of such services is subject to a notification procedure.

What obligations does the Data Governance Act place on data providers?

For data held by public sector bodies, under the Data Governance Act, among other things, agreements or other practices that grant exclusive rights with respect to reuse or restrict reuse by entities other than the parties to the agreement. Exceptions are formulated though, one of which is the exception in the context of the provision of a service or product in the public interest to the extent necessary. In addition, the Data Governance Act also provides conditions for reuse and fees by public sector bodies.

Requirements mentioned by the Data Governance Act for the provision of data sharing services include the use of the data by these services, having procedures in place to prevent fraud with the data and the format in which the data should be exchanged.

Questions?

Wondering what the Data Governance Act means for your business or organisation? If so, please contact our IT law team at m.gardien@ploum.nl or b.schoenmaker@ploum.nl.