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Data Governance Act: first Dutch registration of a data intermediation service is now official

Summary

  • Since November 2024, ACM has been charged with enforcement of compliance with the DGA.
  • Businesses and organizations that are active in data intermediation must meet register with ACM.
  • The first such registration is now official: ACM is calling on other market participants to register.

The Netherlands Authority for Consumers and Markets (ACM) has approved the first data intermediation service under the European Data Governance Act (DGA). This provider will be soon entered into the public EU Register of Data Intermediation Services, and, as such, is the first Dutch organization that is added to this list. ACM is calling on other market participants to register themselves. They can do so easily on ACM’s website.

The DGA’s objective is to have more data become available for general use. The use and sharing of data enables organizations and businesses 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 this is done securely, and that the data is reliable. Since 19 November 2024, ACM has been charged with enforcement of compliance with the DGA. Businesses and organizations that are active in data intermediation must meet certain requirements, if they wish to continue to offer their services in the EU. One such requirement is the mandatory registration with ACM.

ACM has already received and assessed multiple registration requests. ACM has now approved the first request of a data intermediation service. This provider will soon be added to the public EU Register of Data Intermediation Services .

What is a data intermediation service?

ACM has also received several registration requests from services that did not fall under the definition of data intermediation services. Data intermediation services bring organizations together in order to facilitate data-sharing through the creation of commercial relationships. These services serve as an intermediary for supply and demand for data. There are also many organizations that offer technical, legal, or organizational tools for facilitating data-sharing, but where the businesses themselves need to find each other, without intermediation of the service. Although these kinds of organizations or businesses play an essential role in the data economy, they do not fall under the scope of the DGA nor the legal definition of ‘data intermediation services’. These cannot register themselves, nor is it necessary for them to do so. Examples of organizations that do fall under the definition of data intermediation services can be found on ACM’s information page (in Dutch).

EU trust mark

Once data intermediation service providers have been registered by ACM, they can file an application with ACM for using an EU trust mark and the EU logo. This EU trust mark is a seal of approval that increases confidence among users and partners. EU trust marks are only granted if it has been demonstrated that the organization has met all of the statutory requirements laid down in the DGA. Data-altruistic organizations can also apply for an EU trust mark. These are not-for-profit organizations that share data in the public interest such as health care and science.

ACM is calling on market participants to register

ACM is calling on market participants to register. Registration requests can be filed with ACM on its website (in Dutch). Organizations that have questions about their registration or are unsure about whether or not they fall under the definition of a data intermediation service may contact %20dga [at] acm [punt] nl (dga[at]acm[dot]nl).

See also

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