Vastus

Dear Ms Daria Titova

We thank you for your inquiry!

At present, we are preparing the national implementing legislation for the Data Governance Act (DGA, Regulation (EU) 2022/868), which will establish and designate the competent authorities at the national level (including for DGA Art 11), their necessary competences and procedures. Kindly note that the process of DGA implementation is afected by Digital Omnibus proposal.

While drafting the national law for DGA implementations and following consultations, the Data Protection Inspectorate has been proposed as the competent authority for the supervision of data intermediation service providers. As the conferral of DGA-related competences to the Data Protection Inspectorate requires the adoption of national implementing legislation, no interim measures can be envisaged at this stage. The Ministry of Justice and Digital Affairs may provide support in the interpretation of the provisions of the Data Governance Act (DGA).

The DGA does not establish a mandatory form of notifications. The requirements for notification by data intermediation services providers can be found in DGA art 11. The article 11 paragraph 6 states the information that must be on the notification:

• * the name of the data intermediation services provider;

• * the data intermediation services provider’s legal status, form, ownership structure, relevant subsidiaries and, where the data intermediation services provider is registered in a trade or other similar public national register, registration number;

• * the address of the data intermediation services provider’s main establishment in the Union, if any, and, where applicable, of any secondary branch in another Member State or that of the legal representative;

• * a public website where complete and up-to-date information on the data intermediation services provider and the activities can be found;

• * the data intermediation services provider’s contact persons and contact details;

• * a description of the data intermediation service the data intermediation services provider intends to provide, and an indication of the categories listed in DGA article 10 under which such data intermediation service falls;

• * the estimated date for starting the activity, if different from the date of the notification.

Member States will notify the Commission as and when data intermediation organisations are registered. Member States notify the Commission by electronic means. The suggested voluntary form for Member State level can be found on this website: https://digital-strategy.ec.europa.eu/en/library/notification-form-member-states-recognised-data-intermediation-services.

The helping materials and guidance published by the Commission can be found on the following websites:

• * General information hub: https://digital-strategy.ec.europa.eu/en/policies/data-governance-act;

• * Guidance document: https://digital-strategy.ec.europa.eu/en/library/new-practical-guide-data-governance-act.

We sincerely regret any inconvenience that may have arisen. Should you require any additional clarifications regarding the DGA, Digital omnibus or its national implementing legislation, we would be pleased to provide further assistance.

Kind regards