From Legislation to Action: Labeling of Data Intermediation Services Providers begins in France
Today May 22, 2024, marks a key milestone towards the operationalization of the Data Governance Act in France, with the promulgation of the SREN law, aimed at securing and regulating the digital space.
Arcep, the regulatory authority for electronic communications, postal services, and press distribution, is now designated as the competent authority in France for Data Intermediation Services, in accordance with Article 13 of the Data Governance Act (DGA).
This designation entrusts Arcep with the mission of handling notifications from Data Intermediation Services Providers (DISP), defining the criteria that will be used to verify their compliance with the requirements set out in Article 12 of the DGA. More globally, Arcep monitors and supervises compliance with the requirements of Chapter III of the regulation. To do so, Arcep has extensive powers to collect necessary information, conduct investigations, act on its own initiative or at the request of a third party in case of non-compliance with the DGA requirements, potentially leading to sanctions.
Data Intermediaries, named “Data Intermediation Services Providers” in the DGA are legal entities that provide data intermediation services to facilitate the exchange of data between data providers (public or private) and data users, bringing them the means to easily connect with each other, publish and search data products, agree on license terms, and globally conduct Data Transactions in a trusted environment.
Acting as trusted third parties, data intermediaries are essential to the creation of more dynamic and collaborative Data Ecosystems, fostering data-driven innovation. By enhancing trust between parties, data intermediaries encourage more widespread Data Exchanges.
The Data Governance Act text stipulates that data intermediation services “are expected to play a key role in the Data Economy”, “are a tool to facilitate the exchange of substantial amounts of relevant data” and “have a facilitating role in the emergence of new data-driven ecosystems”. The Data Governance Act adds “This will be particularly important in the context of the establishment of common European Data Spaces”.
Organizations offering data intermediation services can now register their activity to Arcep to become “Data Intermediation Service Providers recognized in the Union” and use a common logo. Showcasing the label and official logo will help data providers and data users to easily identify, and thereby increase their trust in data intermediation services providers. After their registration, and to be officially recognized in the Union, DISPs will need to get confirmation that they comply with the requirements set out in the DGA.
The DGA regulation clearly creates a business opportunity for organizations to become Data Intermediation Services Providers and capitalize on the growing data exchange market, providing them with a competitive edge and a reinforced positioning within data spaces.
