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1 Background
Having regard to Article 42(2) of the Regulation 2018/1725 of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC,
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Having regard to the EEA Agreement and in particular to Annex XI and Protocol 37 thereof, as amended by the Decision of the EEA joint Committee No 154/2018 of 6 July 2018,
HAVE ADOPTED THE FOLLOWING JOINT OPINION
1. The Proposal on Data Act (“the Proposal”) is enacted pursuant to the Communication “A European
Data strategy for data (“the Data Strategy”)1 .
2. The European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) notice that, according to the Commission“citizens will trust and embrace data-driven innovation only if they are confident that any personal data sharing in the EU will be subject to full compliance with the EU’s strict data protection rules”2 .
3. As specified in its Explanatory Memorandum, the Proposal “is a key pillar and the second major initiative announced in the Data Strategy. In particular, it contributes to the creation of a cross-sectoral governance framework for data access and use by legislating on matters that affect relations between data economy actors, in order to provide incentives for horizontal data sharing across sectors”. The specific objectives of the Proposal are the following:
“Facilitate access to and the use of data by consumers and businesses, while preventing incentives to invest in ways of generating value through data. - Provide for the use by public sector bodies and Union institutions, agencies or bodies of data held by enterprises in certain situations where there is an exceptional data need. - Facilitate switching between cloud and edges services. - Put in place safeguards against unlawful data transfer without notification by cloud service providers. - Provide for the development of the interoperability standards for data to be reused between sectors”3 .
1 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions “A European strategy for data”, 19 of February 2020, COM (2020) 66 final. 2 A European strategy for data, Introduction, page 1. 3 Explanatory Memorandum, page 3.
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