(1) This Regulation lays down:
(a) conditions for the re-use, within the Union, of certain categories of data held by public sector bodies;
(b) a notification and supervisory framework for the provision of data sharing services;
(c) a framework for voluntary registration of entities which collect and process data made available for altruistic purposes.
(2) This Regulation is without prejudice to specific provisions in other Union legal acts regarding access to or re-use of certain categories of data, or requirements related to processing of personal or non-personal data. Where a sector-specific Union legal act requires public sector bodies, providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical, administrative or organisational requirements, including through an authorisation or certification regime, those provisions of that sector-specific Union legal act shall also apply.
For the purpose of this Regulation, the following definitions apply:
(1)‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording;
(2)‘re-use’ means the use by natural or legal persons of data held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the data were produced, except for the exchange of data between public sector bodies purely in pursuit of their public tasks;
(3)‘non-personal data’ means data other than personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
(4)‘metadata’ means data collected on any activity of a natural or legal person for the purposes of the provision of a data sharing service, including the date , time and geolocation data, duration of activity, connections to other natural or legal persons established by the person who uses the service;
(5)‘data holder’ means a legal person or data subject who, in accordance with applicable Union or national law, has the right to grant access to or to share certain personal or non-personal data under its control;
(6)‘data user’ means a natural or legal person who has lawful access to certain personal or non-personal data and is authorised to use that data for commercial or non- commercial purposes;
(7)‘data sharing’ means the provision by a data holder of data to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary;
(8)‘access’ means processing by a data user of data that has been provided by a data holder, in accordance with specific technical, legal, or organisational requirements, without necessarily implying the transmission or downloading of such data;
(9)‘main establishment’ of a legal entity means the place of its central administration in the Union;
(10)‘data altruism’ means the consent by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non-personal data without seeking a reward, for purposes of general interest, such as scientific research purposes or improving public services;
(11)‘public sector body’ means the State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law;
(12)‘bodies governed by public law’ means bodies that have the following characteristics:
(a) they are established for the specific purpose of meeting needs in the general interest, and do not have an industrial or commercial character;
(b) they have legal personality;
(c) they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law; or are subject to management supervision by those authorities or bodies; or have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law;
(13) ‘public undertaking’ means any undertaking over which the public sector bodies may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it; for the purpose of this definition, a dominant influence on the part of the public sector bodies shall be presumed in any of the following cases in which those bodies, directly or indirectly:
(a) hold the majority of the undertaking's subscribed capital;
(b) control the majority of the votes attaching to shares issued by the undertaking;
(c) can appoint more than half of the undertaking’s administrative, management or supervisory body;
(14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner that allows for the operator of the secure processing environment to determine and supervise all data processing actions, including to display, storage, download, export of the data and calculation of derivative data through computational algorithms.
(15) ‘representative’ means any natural or legal person established in the Union explicitly designated to act on behalf of a provider of data sharing services or an entity that collects data for objectives of general interest made available by natural or legal persons on the basis of data altruism not established in the Union, which may be addressed by a national competent authority instead of the provider of data sharing services or entity with regard to the obligations of that provider of data sharing services or entity set up by this Regulation.