The Data Governance Act (DGA) and the Data Act are two pillars of the European Data Strategy, but they address different aspects of the data economy. Confusing them is one of the most common mistakes in EPSO exams.
Data Governance Act (DGA) — Regulation 2022/868
Purpose: Create trust mechanisms for voluntary data sharing across the EU.
Key provisions:
- Re-use of public sector data: Conditions for reusing protected data held by public bodies (personal data, commercially confidential, IP-protected)
- Data intermediaries: A new category of regulated neutral third parties that facilitate data sharing (think: data marketplaces). They must register with national authorities and cannot use the data for their own purposes.
- Data altruism: Framework for individuals and organisations to voluntarily make their data available for the common good (research, public policy). Organisations can register as "recognised data altruism organisations."
- European Data Innovation Board: Advisory body to ensure consistent application across member states.
Data Act — Regulation 2023/2854
Purpose: Clarify who can access and use data generated by products and services, and under what conditions.
Key provisions:
- IoT data access: Users of connected products (cars, appliances, industrial machines) have the right to access and share the data generated by their use
- B2B data sharing: Fairness rules for data sharing contracts to prevent abusive clauses by data holders with stronger bargaining power
- B2G data sharing: Public bodies can request private-sector data in cases of exceptional need (public emergencies)
- Cloud switching: Rules to make it easier to switch between cloud providers (reducing vendor lock-in)
- International data access safeguards: Protection against unlawful third-country government access to EU data
Key Differences at a Glance
| Aspect | DGA | Data Act |
|---|---|---|
| Focus | Trust & governance | Access & sharing rights |
| Data type | Public sector protected data | IoT / product-generated data |
| Mechanism | Intermediaries, altruism | User access rights, contract fairness |
| Applied since | September 2023 | September 2025 |
Exam Strategy
When you see "data intermediary" or "data altruism" — it's the DGA. When you see "IoT data", "connected products", or "cloud switching" — it's the Data Act. The most common trick question asks about B2G data sharing: both acts touch on it, but the Data Act's provisions are broader and more specific.