Data Governance Act Proposal

Abstract

This Position Paper contains statements drafted by several Research Groups at the Weizenbaum Institute concerning the Data Governance Act (DGA) Proposal. Each statement is followed by a short explanation. The purpose of this Paper is to highlight a number of important aspects of the DGA Proposal and stimulate the debate around it with a special emphasis on the part that concerns regulation of data sharing services (Chapter III, DGA Proposal). The Paper touches upon a number of selected matters without the ambition to cover all the important issues the DGA legislation raises. The statements address the potential risks in creating a centralized architecture for data intermediaries, the problem of imposing a duty on data sharing services to offer data on a non-discriminatory basis, the role and expertise supervision authorities will need to assume and exercise and questions regarding the interface between the anticipated DGA and existing data protection law in the EU. The Paper includes a number of specific recommendations regarding the formulation of several DGA provisions, specifically in connection with its intersection points with the GDPR.