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ACM calls on data intermediation service providers to pre-register in connection with the upcoming DGA

The Data Governance Act (DGA), the new digital legislative package regarding data intermediation services and data-altruistic organizations, came into force on September 24. The DGA promotes data sharing, and its objective is to have more data become available for general use. Businesses and organizations that are active in data intermediation services must register with the prospective regulator, the Netherlands Authority for Consumers and Markets (ACM), if they wish to continue to do business within the EU. They can now pre-register with ACM.

With the DGA, it is ensured that data sharing takes place in a safe and reliable manner, and that organizations and businesses are able to reap the benefits of this new economy. First and foremost, the Data Governance Act (DGA) focuses on data intermediation services. These are organizations that ensure that data is shared between different market participants. These services also create a commercial relationship between those market participants. The DGA also applies to data-altruistic organizations. These are non-profit organizations that share data in the public interest. This involves data that individuals or businesses make available voluntarily.

The use and sharing of data enable organizations and business to innovate, and, as such, can help society and the economy evolve and grow further. When sharing data, everyone must be able to have confidence that the data is monitored, and that the data, for example, is processed in accordance with data protection laws. In the bill put forward by the Dutch Ministry of Economic Affairs and Climate Policy (EZK), ACM is the designated regulator charged with enforcement of the DGA. ACM works together with the Dutch Data Protection Authority (AP, or Autoriteit Persoonsgegevens), which also plays a role in enforcement of compliance with the DGA. In addition, ACM actively seeks out collaborations with other regulators, where necessary.

Registration requirement and EU trust marks

One element of the DGA is a registration requirement that data intermediation services must comply with, while data-altruistic organizations may register on a voluntary basis. In addition, they can apply for an EU trust mark in order to increase confidence in their services. In that way, it becomes clear to everyone which market participants handle data securely.

Businesses and organizations will be able to register or apply for an EU trust mark as soon as ACM is formally designated as the competent regulator when the implementation act comes into force. The exact timing depends on the finalization of the legislation. This is expected to be completed in 2024.

Starting today, however, providers of data intermediation services and data-altruistic organizations are already able to submit to ACM a pre-notification of registration and application for an EU trust mark. Market participants that have submitted a pre-notification will be kept informed of when applications for registration and EU trust marks can be filed officially. In addition, pre-notification ensures that the registration process can be completed in an efficient manner as soon as ACM has officially been designated as the regulator.

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