Types of Participants (Participant as a Trigger)
Participants | Description and assessment of the impact |
|---|---|
Gatekeepers | The Digital Markets Act defines gatekeepers as undertakings providing so-called “core platform services”, such as online search engines, social networking services, video-sharing platform services, number-independent interpersonal communications services, operating systems, web browsers, etc. According to Art. 3 (1) DMA, for an undertaking to be designated by the European Commission as a “gatekeeper”, it has to have a significant impact on the internal market; provide a core platform service which is an important gateway for business users to reach end users; and it enjoys an entrenched and durable position in its operations, or it is foreseeable that it will enjoy such a position in the near future. It also has to meet the requirements regarding an annual turnover above the threshold determined by the regulation. So far, the European Commission has designated the following gatekeepers: Alphabet, Amazon, Apple, Booking, ByteDance, Meta, and Microsoft. This position is determined in relation to a specific core platform service (for instance, Booking has been designated a gatekeeper for its online intermediation service “http://Booking.com ” ). While the DMA does not aim to establish a framework for data sharing, it challenges the “data monopoly” of gatekeepers. Specific data-related obligations addressed to gatekeepers that may be relevant in the context of a data space include:
More information about the data-sharing obligations of the gatekeepers can be found here: data_sharing_obligations_under_the_dma_-_challenges_and_opportunities_-_may24.pdf (informationpolicycentre.com) |
Data Intermediation Service Providers (DISPs) | The recent Data Governance Act (DGA) sets out specific requirements for providing data intermediation services. Certain service functions in data spaces are likely to qualify as data intermediation services (see: Data Intermediation Service Provider Flowchart). A data space governance authority should also evaluate to what extent it organises any services that may qualify as data intermediation services under the DGA. If this is the case, it will need to ensure compliance with the provisions of the DGA. Data Intermediation Service under the Data Governance Act Under the Data Governance Act, a “data intermediation service” (“DIS”) is defined as a service aiming to establish commercial relationships for the purposes of data sharing between an undetermined number of data subjects and data holders on the one hand and data users on the other. Data intermediation service providers intending to provide data intermediation services are required under the DGA to submit a notification to the competent national authority for data intermediation services. The provision of data intermediation services is subject to a range of conditions, including a limitation on the use by the provider of the data for which it provides data intermediation services. The European Commission hosts a register of data intermediation services recognised in the European Union: https://digital-strategy.ec.europa.eu/en/policies/data-intermediary-services Providers of data intermediation services and data space intermediaries/operators Intermediary services are covered more broadly in “Data Space Intermediaries and Operators”. The term “data space intermediary” refers to “a data space participant that provides one or more enabling services while not directly participating in the data transactions”. Enabling services refers to “a service that implements a data space functionality that enables data transactions for the transaction participants and/or operational processes for the governance authority.” (see the DSSC Glossary for more information) It is important to note that not all data space intermediaries would be subject to the provisions of the DGA by default. First of all, some of the potential enabling services they provide may not be aimed at establishing commercial relationships for the purposes of data sharing. It may also be the case that, in the circumstances at hand, the services may not result in commercial relationships between an undetermined number of data subjects and data holders on the one hand and data users on the other. Data intermediation services and personal data The services of data intermediation service providers may also relate to personal data. In such cases, it is important to appropriately consider the different roles and responsibilities under the DGA and the GDPR. For a transaction facilitated by a provider of data intermediation services, it is difficult to establish who is acting as the controller, whether there are multiple controllers acting as joint controllers, whether there is a processor and whether data users are data recipients. It may be important to clarify the respective responsibilities of particular data space participants by offering guidance to help ensure overall compliance with obligations under the DGA and the GDPR. |
Data Altruism Organisations (DAOs) | In the context of data spaces, DAOs can take on a variety of roles as data space participants. They can be data providers, transaction participants, and data space intermediaries (e.g., personal data intermediaries). It is important to address their participation in the data space, especially regarding the value distribution aspects and their potential sponsoring by the data space. |
Researchers | Researchers may join data spaces to make better use of their rights under legal frameworks, leveraging the EU legal frameworks that facilitate data access and explore how data spaces can enhance access and sharing of data. In the data-sharing context, they can be both data recipients and data providers. Researchers in the EU benefit from a number of legal frameworks that facilitate access to data, including provisions in the Open Data Directive that promote the re-use of public sector information. In addition, research exceptions in intellectual property law, such as the text and data mining exception of Art. 3 Copyright in the Digital Single Market Directive, and recently introduced measures such as Art. 40 of the Digital Services Act, introduce greater access to data for researchers (under specific circumstances mentioned in the Art. 8 DSA, and purposes of, among other things, detection, identification and understanding of systemic risks and assessment of their risk mitigation). The European Data Strategy and the creation of common data spaces demonstrate general mechanisms for increased data sharing and opening up privately-held data, including for researchers. Initiatives such as Horizon Europe further support open science and data sharing, and guidelines for ethical data management and sharing agreements foster a supportive scientific research and innovation environment. For a comprehensive analysis, see:https://data.europa.eu/doi/10.2777/633395 |
Public Sector Bodies | Public sector bodies perform legally defined duties for the benefit of the public interest. They can be subject to specific obligations to share certain categories of data, not only with data space participants but with other potential users outside of the data space as well. The data held by public sector bodies can be of structural relevance for a data space ecosystem. |