Unlocking the EU Data Economy: Navigating the Intricacies of the Data Governance Act

A few weeks ago, on September 24, 2023, a significant legal instrument took effect in the European Union – the Data Governance Act (Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance) (“DGA”).

The DGA has been enacted with an intention to underpin the data economy. Its primary avenue for achieving this goal is by persuading public sector bodies to share certain classes of protected data. These can include but are not limited to personal data and commercially confidential data.

Furthermore, the DGA aims to advocate for ‘data altruism’. Although the concept might seem new to some, it essentially refers to the practice of voluntarily sharing data for the well-being of society, particularly in areas like healthcare and research.

Despite its seemingly beneficial objectives, the DGA nonetheless presents a myriad of challenges. These issues are particularly crucial for legal professionals working in significant corporations and law firms that have substantial data footprints. Hence, it’s imperative for such professionals to understand the nuances of the DGA, to ensure compliance and mitigate prospective legal risks.

To delve deeper into the intricacies of the DGA and gain a more thorough understanding, consider reading this comprehensive guide by Bryan Cave Leighton Paisner.