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Data Legislation

Data Legislation

The European Commission has endeavoured to create the legal and market conditions for the development of the new data economy, based on a European strategy that can turn the EU into a model of a data-driven society. To this end, it has been preparing an extensive package of legislative measures to guarantee fair and open digital markets, which probably puts Europe ahead of the rest of the world in this area. Evidence of this is the obligation to comply with the General Data Protection Regulation (GDPR), the Data Governance Act (DGA), the Data Act (DA) and the Artificial Intelligence Act (AIA).

A Data Space created in accordance with the aforementioned initiatives will, in future releases, implement all the necessary requirements to comply with the mandatory regulations, taking the burden off the shoulders of companies, especially SMEs, participating in a Data Space.

When creating a Data Space, compliance with the GDPR is mandatory, as this regulation sets the standard for data protection and privacy. The GDPR guarantees that the personal data collected (e.g. from employees, suppliers, partners or customers) is processed lawfully, transparently and for a specific purpose. The rights of data subjects (for access, modification and deletion) must be respected.

The DGA aims to promote data sharing across the EU and improve the availability of data for use by businesses and public authorities. The DGA provides a framework for data intermediaries and other entities to facilitate the secure and reliable sharing of data between different stakeholders. For altruistic purposes, it allows the voluntary sharing of data as a way of supporting public or research projects that can benefit the sector (e.g. research into sustainability, health, urban planning). The DGA regulation covers both personal and non-personal data, with the General Data Protection Regulation (GDPR) remaining applicable in the case of personal data.

The DA is relevant to guaranteeing fairness in the digital environment, stimulating a competitive data market and opening up opportunities for data-based innovation. This regulation has an impact on data access and sharing, establishing rules on who can access and use data generated by connected devices and services. The regulation emphasises the need to make data available to a wider range of stakeholders, including public authorities, under fair, transparent and non-discriminatory conditions. The implementation of the DA will ensure that data formats and standards are interoperable across various platforms and systems used in the construction process.

The DA complements the DGA by clarifying who can create value from data and under what conditions.

The AIA regulation is designed to ensure the safe and ethical use of AI in the EU by setting requirements for AI systems according to their level of risk. When integrating AI into a data space, compliance with the AI Act is crucial. This includes meeting transparency requirements, ensuring the robustness and accuracy of AI systems and mitigating risks, especially for high-risk AI applications. The data used to train and operate AI systems must be managed in accordance with the provisions of the AI Act.