Data Governance Act (Proposed repealed)

Regulation 2022/868 on European Data Governance

Background and Scope

The Data Governance Act (DGA) represents a cornerstone of the EU’s digital strategy, establishing a comprehensive framework to unlock the potential of data sharing across the European Union. The regulation acknowledges that digital technologies have transformed the economy and society over the last decade, with data at the center of this transformation. Data-driven innovation promises benefits to Union citizens and the economy, including improving and personalizing medicine, providing new mobility solutions, and contributing to the European Green Deal.

The DGA primarily applies to public sector bodies, but also providers of data intermediation services, which are platforms or entities that facilitate the sharing of data between data holders and data users. The DGA aims to increase the availability of data for use and re-use, particularly focusing on data held by public sector bodies. It addresses the need for trustworthy data intermediation services and promotes data altruism by encouraging individuals and businesses to make their data available for the common good, such as for research, healthcare, and education.

The regulation establishes three main pillars: conditions for re-use of certain categories of protected data held by public sector bodies, a notification and supervisory framework for data intermediation services, and a framework for voluntary registration of entities collecting and processing data for altruistic purposes. The regulation covers specific categories of protected data including data protected on grounds of commercial confidentiality, statistical confidentiality, protection of intellectual property rights of third parties, and protection of personal data.

Digital Omnibus Regulation Proposal

In November 2025, the European Commission introduced the Digital Omnibus Regulation Proposal with the aim to simplify the EU digital legal framework. Among other proposals, the Omnibus Regulation proposed to completely repeal the DGA, together with Open Data Directive and the Free Flow of Non-Personal Data Regulation. The provisions of these instruments would instead be transferred to the Data Act.

Key Obligations

• Public sector bodies: Ensure non-discriminatory, transparent and proportionate data re-use conditions. Preserve data protection through anonymization and modification. Process re-use requests within two months. Prohibit exclusive data arrangements.
• Data Intermediation Services: Notify transparent authorities before providing services. Maintain neutrality and avoid conflicts of interest. Ensure fair, transparent access procedures. Maintain service continuity and fraud prevention.
• Data Altruism Organizations: Operate on non-profit basis with legal independence. Maintain separate functional structures for altruistic activities. Provide consent withdrawal tools and security measures. Submit annual activity reports to authorities.
• Member States: Designate competent supervisory authorities. Establish effective penalty frameworks. Create single information points for data access.