REGULAMENTUL (UE) 2022/868 PRIVIND GUVERNANŢA DATELOR LA NIVEL EUROPEAN, PIATRA DE TEMELIE A STRATEGIEI UNIUNII EUROPENE PENTRU DATE
REGULATION (EU) 2022/868 ON DATA GOVERNANCE AT EUROPEAN LEVEL, THE CORNERSTONE OF THE EUROPEAN UNION DATA STRATEGY

Summary/Abstract: The link between the state and natural or legal persons is traditionally maintained through state institutions and the adoption of laws with the aim of helping the good governance of relations. This traditional link seems to acquire new values with the advent of electronic data storage systems. This data can be present simultaneously in several locations and can fall under the jurisdiction of several legal regimes, hence the issue of data localization. Data trade is international, while individual rights are of a local nature! The fact that the virtual space is a space without territorial limits generates more and more legal situations. We wonder if, through codification and adoption of legislative acts, these rights originating from the virtual space are effectively protected! Regulation (EU) no. 2022/868 (the "Data Governance Act") (DGA) establishes the legislative framework at Union level for the facilitation, re-use of public sector data and for the establishment of a single market at Union level for the provision of data mediation services and processing data for altruistic purposes. In this regard, the Data Governance Law is expected to improve the free flow of personal and non-personal data in the European Union and boost data-intensive markets. The notion of "Data altruism" appears as a novelty in the field of data protection. It is specifically about the situation in which the natural or legal person whose data is processed and the data operators, give their consent or permission to make available the data they generate for use in the public interest, voluntarily and without reward. Such data has enormous potential to advance research and develop better products and services, including in health, climate action and mobility. As non-personal data can have considerable economic value, the DGA introduces safeguards to protect this data from illegal access by authorities in EU countries or outside it. This article aims to answer some questions regarding the impact of the adoption of Regulation no. 2022/868; to analyze the importance of creating a single data market of the European Union; we will follow the interaction of the new Regulation with the legislation of the European Union in the field and we will emphasize the "lex specialis" character of the new Regulation.

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