DGA
Data Governance Act, Regulation (EU) 2022/868
Rules for neutral data intermediaries and for re-using protected public sector data.
The law in brief
The Data Governance Act builds trust in data sharing. It sets conditions for re-using certain protected data held by public bodies, creates a regime of neutrality for data intermediation services that connect data holders with data users, and lets organizations register as data altruism organizations that collect data made available for the general interest.
It has applied since 24 September 2023. Its impact on most businesses is indirect, but it matters to anyone building a data marketplace, data sharing pool or consent-based data platform.
Who it applies to
- Data intermediation services that establish commercial relationships for data sharing between data holders or data subjects and data users, such as data marketplaces and data sharing pools.
- Organizations seeking recognition as data altruism organizations.
- Public sector bodies that allow re-use of data protected by commercial or statistical confidentiality, intellectual property or data protection.
- Services that add substantial value to data, such as analytics products, are generally not data intermediation services.
What it requires
Notify before operating
Providers of data intermediation services must notify the competent authority before starting the service.
Neutrality and separation
Do not use data you intermediate for other purposes, provide the service through a separate legal person, and offer access on fair, transparent and non-discriminatory terms.
Data altruism registration
Organizations recognized as data altruism organizations must meet the registration conditions, operate on a not-for-profit basis, and meet transparency and safeguard requirements.
Conditions for re-using protected public data
Public sector bodies may allow re-use of protected data only on non-discriminatory, proportionate conditions that preserve its protected nature, such as anonymization or secure processing environments.
Enforcement and penalties
Member states set penalties for breaches by data intermediation services and data altruism organizations. Competent authorities can suspend a service or remove an organization from the register.
What's changing
Proposed merger into the Data Act. The Commission's Digital Omnibus package, proposed in November 2025, would repeal the DGA and move its intermediation and altruism rules into the Data Act in simplified form. It is a proposal, not law.
What to do first
- Check whether any service you run is data intermediation, as defined, rather than a value-adding data product.
- If it is, notify the competent authority before starting and set up structural separation.
- Limit use of the data to making it available to data users.
- Offer fair, transparent and non-discriminatory access and publish the terms.
- If you re-use public sector data, meet the conditions the public body sets, such as secure processing environments.
Checked against the official text on 28 September 2026. Quotations are the operative words of the law, linked to the article they come from; the official text is the authority. This brief is written by the Association for practitioners and is not legal advice.
Recent developments
Nothing reported yet. Regulatory Watch lists new rules, enforcement and court decisions as they arrive.
Sources
- Regulation (EU) 2022/868 EUR-Lex · Official text or regulator