Data Governance Act (DGA)

The EU's Data Governance Act (DGA) heralds a new era in digital finance and data regulation. Introducing data intermediation service providers, it emphasizes data privacy, fairness, and transparent sharing.

Data Governance Act (DGA)
EU Data Governance

Data Governance Act (DGA): Privacy and Data Intermediation Services

Source: Hogan Lovells Keywords Privacy Governance Act

The Data Governance Act (DGA), a new regulation established by the European Union, is set to enforce a more stringent approach to data privacy and data intermediation services. The DGA's core objectives include supporting the creation and growth of shared European data spaces across strategic domains and enabling public administrations to provide data for reuse, even when protected under privacy, trade secrets, and intellectual property laws. Data intermediation service providers, a new category of entities under the DGA, are responsible for providing the necessary infrastructure and environment for data holders to share data with users. They are subject to strict regulations, including prior notification to the relevant EU authority. In Spain, the government is already developing the authorization process. The DGA, which came into force on June 23, 2022, will be applicable from September 24, 2023.

Data Governance Act: Navigating the European Data Revolution

In the evolving landscape of digital finance and data-driven services, the European Union (EU) has taken significant strides to fortify data privacy and streamline data intermediation processes. The newly minted Data Governance Act (DGA) stands testament to this commitment, placing the EU at the forefront of global data regulatory evolution.

The DGA, effective since June 23, 2022, and slated for full application by September 24, 2023, was crafted with two primary objectives. Firstly, to foster the creation and expansion of shared European data spaces across a spectrum of strategic sectors, thus amplifying inter-regional collaboration. Secondly, to empower public administrations to offer data for reuse, notwithstanding the protective cloaks of privacy, trade secrets, or intellectual property laws.

One of the standout features of the DGA is the introduction of data intermediation service providers. These novel entities are charged with the onerous task of furnishing the requisite infrastructure and setting for data holders and users to seamlessly share information. Positioned at this critical juncture, they play a pivotal role in enhancing the trust quotient among stakeholders.

Reimagining Data Privacy and Collaboration

Beyond the mere mechanics, the DGA is a clarion call for transparency and fairness in the data-sharing arena. It mandates data intermediation services to operate with neutrality and fairness, alongside transparent, non-discriminatory pricing. Such stipulations are poised to inject a dose of trust into the ecosystem, potentially ushering in an era of increased data sharing and collaborative ventures.

Furthermore, the DGA's explicit directives, preventing these services from using or monetizing the data for their benefit, solidify the fortress of data privacy. This not only safeguards the interests of individual data holders but may also galvanize a wider spectrum of organizations to participate in the data-sharing milieu.

Stricter regulations often serve as a double-edged sword. On the one hand, they could catalyze innovation, pushing providers to ingeniously navigate these rules while still delivering value. On the flip side, the rigorous nature of such regulations could deter potential entrants, curbing the competitive spirit of the market. It remains to be seen how the market dynamics adjust to this new regulatory regime.

For financial entities like banks, insurance companies, investment firms, and others embedded in the data matrix, the DGA's rollout necessitates immediate action. Institutions must:

  • Immerse themselves in the DGA's nuances.

  • Initiate consultations and enhance data protection mechanisms.

  • Train personnel to navigate this new regulatory landscape.

With penalties looming large for non-compliance, the stakes have never been higher. The DGA's advent signals a new epoch in the European data economy. As stakeholders align their compasses with this regulatory North Star, the contours of the digital financial landscape are set to be redrawn. Those agile enough to adapt will not only ensure compliance but may also discover untapped avenues of innovation and collaboration.

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Data Governance Act is almost here: Spanish update for data intermediation services
The Data Governance Act (“DGA”) will become applicable as from 24 September 2023. From that date, (i) DGA intermediation services (that have carried out the necessary notification process)…

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