Data Governance Act Article 5: Obligations, Deadlines & Penalties

Public sector bodies shall make publicly available the conditions for allowing re-use and the procedure to request re-use via the single information point. Regulation (EU) 2022/868, Article 5, Article 5

Member States shall ensure that public sector bodies are equipped with the necessary resources to comply with this Article. Regulation (EU) 2022/868, Article 5, Article 5

Conditions for re-use shall be non-discriminatory, transparent, proportionate and objectively justified, and shall not be used to restrict competition. Regulation (EU) 2022/868, Article 5, Article 5

Public sector bodies shall ensure that the protected nature of data is preserved in accordance with Union and national law. Regulation (EU) 2022/868, Article 5, Article 5

Public sector bodies may require that personal data has been anonymised before granting access for re-use. Regulation (EU) 2022/868, Article 5, Article 5

Public sector bodies may require that commercially confidential information has been modified, aggregated or treated by any other method of disclosure control before granting access for re-use. Regulation (EU) 2022/868, Article 5, Article 5

Public sector bodies may require re-users to access and re-use data remotely within a secure processing environment provided or controlled by the public sector body. Regulation (EU) 2022/868, Article 5, Article 5

Public sector bodies may require re-users to access and re-use data within physical premises in accordance with high security standards if remote access jeopardises third-party rights. Regulation (EU) 2022/868, Article 5, Article 5

Public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. Regulation (EU) 2022/868, Article 5, Article 5

The public sector body shall reserve the right to verify the process, means and results of data processing to preserve data protection integrity. Regulation (EU) 2022/868, Article 5, Article 5

The public sector body shall reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. Regulation (EU) 2022/868, Article 5, Article 5

The decision to prohibit the use of results shall be comprehensible and transparent to the re-user. Regulation (EU) 2022/868, Article 5, Article 5

Unless national law provides specific safeguards, the public sector body shall make re-use conditional on the re-user's adherence to a confidentiality obligation prohibiting disclosure of information jeopardising third-party rights. Regulation (EU) 2022/868, Article 5, Article 5

Re-users shall be prohibited from re-identifying any data subject to whom the data relates. Regulation (EU) 2022/868, Article 5, Article 5

Re-users shall take technical and operational measures to prevent re-identification. Regulation (EU) 2022/868, Article 5, Article 5

Re-users shall notify any data breach resulting in the re-identification of data subjects to the public sector body. Regulation (EU) 2022/868, Article 5, Article 5

In the event of unauthorised re-use of non-personal data, the re-user shall, without delay, inform the legal persons whose rights and interests may be affected. Regulation (EU) 2022/868, Article 5, Article 5

Where re-use cannot be allowed under paragraphs 3 and 4 and there is no legal basis for transmission, the public sector body shall make best efforts to provide assistance to potential re-users in seeking consent or permission. Regulation (EU) 2022/868, Article 5, Article 5

Re-use of data shall be allowed only in compliance with intellectual property rights. Regulation (EU) 2022/868, Article 5, Article 5