24 January 2024

DGA (Data Governance Act) – AID identifies areas of uncertainty regarding the conditions under which data intermediation is carried out

AID, Association pour l’intermédiation des données (Association for Data Intermediation), notes a legal limbo regarding the application of the DGA (Data Governance Act), the European regulation on data governance, which comes into force in the European Union on September 24, 2023. AID is ready to provide its expertise on these crucial issues.

At a time when trust and transparency are key to developing a data market that respects European regulations and values, particularly in terms of controlling their uses, Data Intermediation Service Providers (DISPs) and their users, grouped within AID, wish to draw the attention of public authorities to the conditions of application of the DGA for existing players.

Many questions arise for the members of our association“, says Sébastien Picardat, President of AID and CEO of Agdatahub, “the current situation deserves clarification before the joint commission on the SREN bill is held“.

The answers to be provided and the positions to be taken by the French and European authorities are just as necessary for the members of AID as for the other existing players. Without clarification, some of these players could be tempted to take the plunge for lack of precise knowledge of the new regulation’s requirements.

The first question is a key one, as it has a number of corollaries: does the DGA introduce a compulsory regime for any company providing intermediation services as defined?

If the answer is yes, are data holders or users obliged to use PSIDs that comply with the DGA’s obligations?

These initial questions, which concern the scope of the DGA and data users and holders, are far from trivial. They lead to further questions about sharing mechanisms, labeling criteria, sanctions and information from competent authorities to stakeholders, as well as interoperability and the digital commons.

2024 is a key year for developing and strengthening the confidence of economic players and citizens in data sharing and intermediation. In fact, the European vision, which has been largely supported by France from the outset of the regulatory and legal reflections, could be implemented right now, even as the first data intermediaries are being registered by other member states within the EU register of data intermediation services.

About AID, Association for Data Intermediation

AID was created in November 2023 by Agdatahub, Apidae Tourisme, Dawex, Hub One DataTrust, Orange Business and Promotheus-X, with the support of Banque des Territoires. In particular, it aims to define the general policy and strategy for all cross-functional issues relating to intermediation and data space activities. To this end, its mission is to represent Data Intermediation Service Providers (DISPs), as well as the users of these data intermediation services, in dealings with public authorities in France and Europe.