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Legal aspects

A better understanding of the law applicable to data sharing is necessary to help public authorities and companies, in particular small and medium enterprises, when drafting data sharing agreements. The European Commission in certain cases provides such guidance in order to facilitate the proper application of EU legislation.1 While guidance exists on the processing of personal data – e.g. the General Data Protection Regulation – there is as yet no similarly comprehensive guidance on how other EU legislation influences the drafting of contractual agreements for data sharing.2

In this section of SCDS we will – over time – collect contributions to this space, starting from a study of the EU law applicable to the sharing of non-personal data. Our work will include the identification of cross-cutting challenges and potential resolution strategies, including any identified best practices or interpretative guidance.

SCDS will also offer model contract terms, that have the potential to create more balanced terms for small administrations and businesses and reduce transaction costs associated with data sharing, while safeguarding the principle of contractual freedom. These will be drawn up on the basis of identified best practice, under the guidance of the European Commission and in partnership with public and private sector actors.

Also, we want to hear from you. Please share your feedback and needs, or ask for our support by using our dedicated support form. Starting this autumn, you will also have the opportunity to discuss these topics together with other practitioners in the upcoming user forum.

 

  • 1. See for example: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016SC0163
  • 2. See for example: https://ec.europa.eu/digital-single-market/en/news/staff-working-document-free-flow-data-and-emerging-issues-european-data-economy