• Reasons for and objectives of the proposal

This explanatory memorandum accompanies the proposal for a Regulation of the European Parliament and of the Council1 on data governance. It is the first of a set of measures announced in the 2020 European strategy for data2. The instrument aims to foster the availability of data for use by increasing trust in data intermediaries and by strengthening data-sharing mechanisms across the EU. The instrument would address the following situations:

- Making public sector data available for re-use, in situations where such data is subject to rights of others3.

- Sharing of data among businesses, against remuneration in any form.

- Allowing personal data to be used with the help of a ‘personal data-sharing intermediary’, designed to help individuals exercise their rights under the General Data Protection Regulation (GDPR).

- Allowing data use on altruistic grounds.

• Consistency with existing policy provisions in the policy area

The current initiative covers different types of data intermediaries, handling both personal and non-personal data. Therefore, the interplay with the legislation on personal data is particularly important. With the General Data Protection Regulation (GDPR)4 and ePrivacy Directive5, the EU has put in place a solid and trusted legal framework for the protection of personal data and a standard for the world.