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INFORMATION TECHNOLOGY

Legislative decree 144/2024 for the harmonisation of national legislation with the provisions of Regulation (EU) 2022/868 on European data governance published in the Official Gazette.

The Italian legislative decree identifies AgiD – Italian Digital Agency as the national authority, which will have regulatory and sanctioning responsibilities and functions. In fact, AgiD will be the competent body to assist public bodies from which data are requested, it will act as a one-stop shop to sort data requests to public bodies (first pillar of the DGA), it will play the role of competent authority for data brokerage services (data sharing, second pillar of the DGA) and it will deal with the registration of organisations for data altruism (third pillar of the DGA). It will be able to impose sanctions ranging from EUR 10 to 100,000 or up to 6% of the previous year's global turnover in the event of a breach of the ADI rules.

The legislative decree is of fundamental importance because it finally renders operational a regulatory framework (in any case applicable from 24 September 2023) that unleashes the potential and business opportunities of the so-called European Data Strategy, opening up for businesses - for example - opportunities for further development of goods and services through access to and sharing of the relevant information assets held by public administrations (the first pillar of the ADI: re-use of data held by public entities) or through the development of new data inter-mediation services (second pillar of the DGA) in which the enterprise brings together for the conclusion of a commercial licence to use data (personal and non-personal) those who have the right to access the data (the so-called ‘data owner’) and those who want to use that data (the so-called ‘data user’).

 
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