BRUSSELS – May 16, 2022 – The Council of the European Union approved today the EU Data Governance Act, paving the way for its entry into force. BSA offered the following statement:

“The EU Data Governance Act sets up mechanisms to facilitate the reuse of certain categories of protected public-sector data, increase trust in data intermediation services, and foster data altruism across the EU,” said Thomas Boué, Director General, Policy – EMEA, at BSA. “BSA welcomes the clarification of the scope of the ‘data intermediation services,’ which will support voluntary data-sharing between companies or facilitate the fulfillment of data-sharing obligations set by law.”

The legislation also includes provisions regarding the international transfer of, or governmental access to, non-personal data through adequacy decisions declaring that specific non-EU countries provide appropriate safeguards for the use of non-personal data transferred from the EU. “BSA cautions against any restriction on the freedom of companies to transfer data across borders, as these transfers are an essential and necessary part of modern commerce and cybersecurity. Any restrictions on such transfers should therefore be limited to what is strictly necessary to serve a legitimate public interest and be limited to the least trade-restrictive option available,” Boué added.