Data intermediation services

General information

Data intermediation services providers (DISP) have a key role to play in the European and Austrian data economy. As neutral intermediaries between data holders and data users, data intermediation services providers are not permitted to use data that is subject to a data intermediation service for any purpose other than providing the data to the data users.

All data intermediation services providers that have their main establishment in Austria and that intend to provide data intermediation services must notify the competent authority prior to commencing such activity. Data intermediation services providers that are not located in the European Union (EU) may notify the competent authority via a legal representative in Austria.

EU register of data intermediation services

The European Commission maintains a register of all data intermediation services providers (→ EU)^{German text} who offer their services in the EU. This register is updated regularly. The information specified in article 11 paragraph 6 (a)(b)(c)(d)(f) and (g) of the Data Governance Act is published in the EU register.

Place of business

The following requirements apply to data intermediation services submitting notifications in Austria:

• Main establishment of the data intermediation service located in Austria
• Data intermediation services providers with establishments in multiple EU Member States are deemed to be under the jurisdiction of the Member State in which their main establishment is located (article 11 paragraph 2 of the Data Governance Act).
• A data intermediation services provider that is not established in the EU, but which offers data intermediation services within the EU, must designate a legal representative in one of the Member States in which those services are offered (article 11 paragraph 3 of the Data Governance Act). The data intermediation services provider falls under the jurisdiction of the Member State in which the legal representative is located. In this case, the legal representative falls under the jurisdiction of Austria.

Types of procedure

There are three types of procedure (forms):

• Registration of data intermediation services
• Amendment of existing information on a data intermediation service
• Cessation of activity of a data intermediation service

Further links

European strategy for data (→ EU)

Legal bases

Regulation (EU) 2022/868 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act)