European Union

EU to Ireland: data governance matters

Jason Walsh asks why Ireland is failing to implement a key piece of EU's data strategy
Blogs

26 July 2024

The European Union has opened infringement proceedings against Ireland for failing to implement the Data Governance Act, a 2022 law that aims to enhance data sharing across sectors and between EU countries to benefit both citizens and businesses.

Thus far, Ireland has received only a gentle slap on the wrist for failing to implement the Act: a letter of formal notice, the first step in infringement procedures, has been issued by the European Commission.

Specifically, the country has failed to nominate a so-called ‘competent authority’, which is to say a body with the authority to oversee compliance with the act and its transposing into national legislation.

 

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Four other infringement procedures were also opened, including on construction products and waste recycling, but the failure to comply with the Data Governance Act is, frankly, puzzling. Not only does Ireland position itself as the home of the tech sector in Europe, but businesses have not been shy about announcing their plans to make greater use of data.

Moreover, the Act is far from onerous as it is designed to facilitate data sharing.  

Indeed, it includes rules for the operation of data intermediation services intended to allow services intended to help small and medium-sized enterprises (SMEs) and start-ups to compete with the giant tech multinationals by gaining access to the data they need.

Alongside the 2024 EU Data Act, the Data Governance Act is a key pillar of the European strategy for data, which is an attempt to support European businesses in their efforts to deliver in the digital realm while also protecting citizens. Ireland’s tardiness is regrettable, then, but doubly so when you consider that the countdown to compliance on an even more significant piece of legislation – the EU Artificial Intelligence Act – has begun.

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