Registration of data intermediation services
table of content
General information
A data intermediation service provides services that connect data holders and data users to facilitate the joint use of data. They act as neutral intermediaries between the parties.
Enterprises affected
In accordance with articles 10 and 11 of the Data Governance Act, the service must notify the competent authority prior to commencing any of the following activities:
- intermediation services between data holders and potential data users, including making available the technical or other means to enable such services; those services may include bilateral or multilateral exchanges of data or the creation of platforms or databases enabling the exchange or joint use of data, as well as the establishment of other specific infrastructure for the interconnection of data holders with data users;
- intermediation services between data subjects that seek to make their personal data available, or natural persons that seek to make non-personal data available, and potential data users, including making available the technical or other means to enable such services, and in particular enabling the exercise of the data subjects’ rights provided in Regulation (EU) 2016/679;
- services of data cooperatives.
Requirements
- ID Austria or other European eID
- Main establishment or legal representative in Austria
- Registering with the Austrian Business Service Portal (Unternehmensserviceportal – USP): Detailed information on registering with the Austrian Business Service Portal is also available at USP.gv.at.
Main establishment ouside the EU
Data intermediation services providers, which do not have an establishment in the EU, have to submit a notification via a legal representative in Austria that is registered with the Business Service Portal. The legal representative must cooperate with and comprehensively demonstrate to the competent authorities for data intermediation services, upon request, the actions taken and provisions put in place by the data intermediation services provider to ensure compliance with this Regulation (article 11 paragraph 3 of the Data Governance Act).
Deadlines
After having submitted a notification, the data intermediation services provider may start the activity subject to the conditions laid down in the Data Governance Act and the Austrian Data Access Act (Datenzugangsgesetz - DZG) (article 11 paragraph 4 of the Data Governance Act). The provider may apply to use the common Union logo.
Competent authority
Competent authority for data intermediation services and data altruism organisations:
Bundeskanzleramt Österreich (Federal Chancellery)
Abteilung VII/1
Postal address:
Ballhausplatz 2
1010 Vienna
Email: data-policy(a)bka.gv.at
Procedure
- Registration with the Business Service Portal using ID Austria or another European eID, by an authorised person on behalf of the data intermediation service (step only required if not already registered with the Business Service Portal)
- Registration of the data intermediation service to the competent authority
- Optional: Standardised declaration to confirm receipt of a duly and fully completed registration (article 11 paragraph 8 of the Data Governance Act): there is a checkbox on the form to indicate whether a standardised declaration from the competent authority is requested.
- Optional: Request to use the ‘data intermediation services provider recognised in the Union’ label and common logo (article 11 paragraph 9 of the Data Governance Act)
- Activity may be commenced immediately upon submission of a duly and fully completed registration or at a later date if desired and indicated on the registration
- Once the relevant checks have been completed, the competent authority will enter the registration in the Austrian register and pass the information on to the European Commission for entry into the European register.
For a registration to be considered duly and fully completed, the following information must be included:
- the name of the data intermediation services provider, as well as the size of its business and the nature of the data intermediation service
- information on the ownership structure and relevant subsidiaries
- the address of the main establishment or the legal representative
- contact information and the address of a public website
- description of the activities of the data intermediation service, in both German and English
- estimated date for starting the activity
- any supplementary evidence
Expected duration of the online registration process
Online notification is a one-stage process that generally takes around 15 minutes to complete. As the process is linked to the Austrian Business Service Portal, the online form includes some fields relating to the provider that will be pre-filled automatically. If you prepare thoroughly using the information provided above, and ensure that you have text descriptions for the provider at hand, the amount of time required to complete the process can be significantly reduced. The system will confirm that the registration has been submitted successfully upon completion. The provider may commence activities immediately upon completion of the online registration process, provided that the registration has been carried out correctly.
The competent authority will check the registration immediately upon receipt. If further information is required, the competent authority will ask for this to be submitted.
Please note
Some of the information provided will be passed to the European Commission for entry into the European register. Basic information will be published in accordance with European law.
Confirmation
Once the registration process is complete, an automatic confirmation of receipt will be generated.
Standardised declaration
If requested on the form, the competent authority will issue a standardised declaration within a week of receiving a duly and fully completed registration confirming that the data intermediation services provider has completed the aforementioned registration process and that the registration contains all of the required information (article 11 paragraph 8 of the Data Governance Act).
Confirmation of requirements, label and common logo
If requested on the form, the competent authority will confirm that the data intermediation services provider meets the requirements (in accordance with articles 11 and 12 of the Data Governance Act). Upon receipt of such a confirmation, the data intermediation services provider may use the label "data intermediation services provider recognised in the Union" in its written and spoken communication, as well as a common EU-wide logo (article 11 paragraph 9 of the Data Governance Act).
Please note
In order to ensure that data intermediation services providers recognised in the Union are easily identifiable, the European Commission has, by means of an implementing act, established a design for a common logo (→ EU)German text. Data intermediation services providers recognised in the Union display the common logo clearly on every online and offline publication that relates to their data intermediation activities (article 11 paragraph 9 of the Data Governance Act).
Costs and fees
There is no cost to submit registrations to the competent authority.
Further information
Conditions for the provision of data intermediation services
The conditions for the provision of data intermediation services were determined in accordance with article 12 of the Data Governance Act.
Further links
- EU register of data intermediation services (→ EU)German text
- Information on the use of the logo for data intermediaries and data altruism organisations that are recognised in the Union (→ EU)German text
- European Data Strategy (→ EU)German text
- Bundeskanzleramt (→ BKA)German text
- → digitalaustria.gv.atGerman text
- → oesterreich.gv.at
Legal bases
- Regulation (EU) 2022/868 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act)
- Datenzugangsgesetz (DZG)
- Types of data intermediation services:
- Datenzugangsgesetz (DZG)
- Article 10 of the Regulation (EU) 2022/868 (Data Governance Act)
- Registration of data intermediation services providers: article 11 of the Data Governance Act
- Conditions for the provision of data intermediation services: article 12 of the Data Governance Act
- Monitoring compliance: article 14 of the Data Governance Act
Link to form
This online form must be used for registration:
Means of redress or appeal
In accordance with article 28 of the Data Governance Act, notwithstanding any administrative or other non-judicial remedies, any affected natural and legal persons shall have the right to an effective judicial remedy with regard to legally binding decisions taken by the competent authority. In particular, in accordance with article 130 paragraph 1 (1) of the Bundes-Verfassungsgesetz (B-VG), a right of appeal exists against all decisions taken by the competent authority.
Responsible for the content: Federal Chancellery