Data Intermediation
In the European sense, data intermediation is an activity carried out by neutral, trusted third parties, with the aim of putting individuals and companies in touch with data users.
As neutral players, these trusted third parties can neither hold nor process the data they intermediate.
Data intermediation therefore consists in creating a framework for exchanges between all data players in an environment of trust.
This activity is regulated by a national authority designated by each Member State (in France, Arcep, subject to the enactment of the SREN law) and will be registered in the European register of data intermediaries.
Specific regulations
The regulations governing data intermediation are based in particular on a number of current and forthcoming legislative texts:
The DGA
Data Governance Act or Regulation 2022/868 on data governance, published in June 2022 and applicable since September 2023. Following on from the RGPD and the European Data Strategy, the DGA establishes a general framework designed to facilitate data sharing within the European Union associated with governance mechanisms. In particular, it makes it mandatory for data intermediation service providers to be regulated by a national public authority
The DA
The Data Act. It aims to ensure a better distribution of the value derived from the use of personal and non-personal data between players in the data economy, particularly from data generated by connected objects. In particular, it provides for the development of interoperability standards for data and its reuse.
The SREN
The bill to secure and regulate the digital space, which adapts French law to the requirements of the DMA, DSA, DGA and DA. Currently in the process of being adopted, this bill will entrust Arcep with new missions, in particular the regulation of data intermediation service providers, as provided for by the DGA, and consequently their labeling.
