DGA – impact and requirements

  1. The provision of data sharing services requires a proper notification, which should include the following information:
    • name of the provider of data sharing services
    • legal status, legal form and registration number of the provider if the provider is registered in a trade or other similar public register
    • address of the main organizational unit of the provider within the territory of the European Union, if applicable, subsidiary in another Member State, if any, or legal representative designated in compliance with the DGA
    • website including the information about the service provider and their activities, if any
    • contact person designated by the service provider and contact details
    • description of the service which the service provider intends to provide
    • planned date of commencement of activity
    • Member States in which the service provider intends to render services
  2. The provision of data sharing services requires the following conditions to be satisfied:
    • use of data only for the purpose of making them available to data users
    • use of metadata only for the purpose of developing services
    • assurance of fair, transparent and non-discriminatory access to services
    • limitations of data formatting
    • implementation of procedures to prevent practices that constitute fraud or abuse by those seeking access to data
    • assurance of adequate continuity of service and provision of guarantees to enable data holders and users to access their data in the event of insolvency of the provider
    • guarantee that appropriate technical, legal and organizational measures are in place to prevent the transfer of or access to non-personal data contrary to the EU law
    • guarantee of a high level of security in the storage and transmission of non-personal data
    • implementation of appropriate procedures to ensure compliance with EU and national competition laws
    • actions undertaken in the best interests of data subjects, facilitating the exercise of their rights
    • determination of the jurisdictions in which the data are to be used, when providing tools to obtain consent from data subjects or permissions to process data provided by legal entities
  3. An organization wishing to obtain the status of a “recognized altruistic data organization” may apply for the appropriate entry into the register. To qualify for registration, a given organization must:
    • be a legal entity established with the intention of pursuing general interest objectives
    • operate on a non-commercial basis and be independent of any profit-oriented entity
    • perform activities related to data altruism using a legally independent structure, separate from other activities undertaken by the organization
  4. To register the “recognized altruistic data organization”, it is necessary to submit an application that includes the following information:
    • name, legal status, legal form and registration number of the entity if the entity is registered in a public register
    • Articles of Association of the entity, as appropriate
    • main sources of income of the entity
    • address of the main organizational unit of the entity within the territory of the European Union, if applicable, subsidiary in another Member State, if any, or legal representative designated in compliance with the DGA
    • website including the information about the entity and its activities, if any
    • contact person designated by the entity and contact details
    • general interest objectives that the entity intends to support while collecting the data
    • any other documentation demonstrating compliance with the requirements to qualify as the “recognized organization with an altruistic approach to data”
See also:
DGA – contents
DGA – contents
DGA – what we provide
DGA – what we provide

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