Directive 2019/1024 - Open data and the re-use of public sector information (recast) - Main contents
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Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (recast)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2019/1024 |
| Original proposal | COM(2018)234  |
| CELEX number i | 32019L1024 |
| Document | 20-06-2019; Date of signature |
|---|---|
| Publication in Official Journal | 26-06-2019; OJ L 172 p. 56-83 |
| Signature | 20-06-2019 |
| Effect | 16-07-2019; Entry into force Date pub. +20 See Art 20 |
| Deadline | 16-07-2024; See Art 15.2 17-07-2025; See Art 18.1 |
| End of validity | 31-12-9999 |
| Transposition | 17-07-2021; See Art 17.1 |
26.6.2019 |
EN |
Official Journal of the European Union |
L 172/56 |
DIRECTIVE (EU) 2019/1024 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 June 2019
on open data and the re-use of public sector information
(recast)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Directive 2003/98/EC of the European Parliament and of the Council (3) has been substantially amended. Since further amendments are to be made, that Directive should be recast in the interests of clarity. |
(2) |
Pursuant to Article 13 of Directive 2003/98/EC and five years after the adoption of Directive 2013/37/EU of the European Parliament and of the Council (4), which amended Directive 2003/98/EC, the Commission, after consulting the relevant stakeholders, evaluated and reviewed the functioning of Directive 2003/98/EC in the framework of a regulatory fitness and performance programme. |
(3) |
Following the stakeholder consultation and in the light of the result of the impact assessment, the Commission considered that action at Union level was necessary in order to address the remaining and emerging barriers to a wide re-use of public sector and publicly funded information across the Union, in order to bring the legislative framework up to date with the advances in digital technologies and to further stimulate digital innovation, especially with regard to artificial intelligence. |
(4) |
The substantive changes introduced to the legal text so as to fully exploit the potential of public sector information for the European economy and society should focus on the following areas: the provision of real-time access to dynamic data via adequate technical means, the increase of the supply of valuable public data for re-use, including from public undertakings, research performing organisations and research funding organisations, the tackling of the emergence of new forms of exclusive arrangements, the use of exceptions to the principle of charging the marginal cost and the relationship between this Directive and certain related legal instruments, including Regulation (EU) 2016/679 of the European Parliament and of the Council (5) and Directives 96/9/EC (6), 2003/4/EC (7) and 2007/2/EC (8) of the European Parliament and of the Council. |
(5) |
Access to information is a fundamental right. The Charter of Fundamental Rights of the European Union (Charter) provides that everyone has the right to freedom of expression, including the freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. |
(6) |
Article 8 of the Charter guarantees the right to the protection of personal data and provides that such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law, and subject to control by an independent authority. |
(7) |
The Treaty on the Functioning of the European Union (TFEU) provides for the establishment of an internal market and of a system ensuring that competition in the internal market is not distorted. Harmonisation of the rules and practices in the Member States relating to the exploitation of public sector information contributes to the achievement of those objectives. |
(8) |
The public sector in Member States collects... |
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