Unión Europea

 On 19 November, the European Commission presented the Data Union Strategy, a roadmap that seeks to consolidate a robust, secure and competitive European data ecosystem. This strategy is built around three key pillars: expanding access to quality data for artificial intelligence and innovation, simplifying the existing regulatory framework, and protecting European digital sovereignty. In this post, we will explain each of these pillars in detail, as well as the implementation timeline of the plan planned for the next two years.

Pillar 1: Expanding access to quality data for AI and innovation

The first pillar of the strategy focuses on ensuring that companies, researchers and public administrations have access to high-quality data that allows the development of innovative applications, especially in the field of artificial intelligence. To this end, the Commission proposes a number of interconnected initiatives ranging from the creation of infrastructure to the development of standards and technical enablers. A series of actions are established as part of this pillar: the expansion of common European data spaces, the development of data labs, the promotion of the Cloud and AI Development Act, the expansion of strategic data assets and the development of facilitators to implement these measures.

1.1 Extension of the Common European Data Spaces (ECSs)

Common European Data Spaces are one of the central elements of this strategy:

• Planned investment: 100 million euros for its deployment.

• Priority sectors: health, mobility, energy, (legal) public administration and environment.

• Interoperability: SIMPL is committed  to interoperability between data spaces with the support of the European Data Spaces Support Center (DSSC).

• Key Applications:

  • European Health Data Space (EHDS): Special mention for its role as a bridge between health data systems and the development of AI.

  • New Defence Data Space: for the development of state-of-the-art systems, coordinated by the European Defence Agency.

1.2 Data Labs: the new ecosystem for connecting data and AI development

The strategy proposes to use Data Labs as points of connection between the development of artificial intelligence and European data.

These labs employ data pooling, a process of combining and sharing public and restricted data from multiple sources in a centralized repository or shared environment. All this facilitates access and use of information. Specifically, the services offered by Data Labs are:

• Makes it easy to access data.

• Technical infrastructure and tools.

• Data pooling.

• Data filtering and labeling 

• Regulatory guidance and training.

• Bridging the gap between data spaces and AI ecosystems.

Implementation plan:

• First phase: the first Data Labs will be established within the framework of AI Factories (AI gigafactories), offering data services to connect AI development with European data spaces.

• Sectoral Data Labs: will be established independently in other areas to cover specific needs, for example, in the energy sector.

• Self-sustaining model: It is envisaged that the Data Labs model  can be deployed commercially, making it a self-sustaining ecosystem that connects data and AI.

1.3 Cloud and AI Development Act: boosting the sovereign cloud

To promote cloud technology, the Commission will propose this new regulation in the first quarter of 2026. There is currently an open public consultation in which you can participate here.

1.4 Strategic data assets: public sector, scientific, cultural and linguistic resources

On the one hand, in 2026 it will be proposed to expand the list of high-value data  in English or HVDS to include legal, judicial and administrative data, among others. And on the other hand, the Commission will map existing bases and finance new digital infrastructure.

1.5 Horizontal enablers: synthetic data, data pooling, and standards

The European Commission will develop guidelines and standards on synthetic data and advanced R+D in techniques for its generation will be funded through Horizon Europe.

Another issue that the EU wants to promote is data pooling, as we explained above. Sharing data from early stages of the production cycle can generate collective benefits, but barriers persist due to legal uncertainty and fear of violating competition rules. Its purpose? Make data pooling a reliable and legally secure option to accelerate progress in critical sectors.

Finally, in terms of standardisation, the European standardisation organisations (CEN/CENELEC) will be asked to develop new technical standards in two key areas: data quality and labelling. These standards will make it possible to establish common criteria on how data should be to ensure its reliability and how it should be labelled to facilitate its identification and use in different contexts.

Pillar 2: Regulatory simplification

The second pillar addresses one of the challenges most highlighted by companies and organisations: the complexity of the European regulatory framework on data. The strategy proposes a series of measures aimed at simplifying and consolidating existing legislation.

2.1 Derogations and regulatory consolidation: towards a more coherent framework

The aim is to eliminate regulations whose functions are already covered by more recent legislation, thus avoiding duplication and contradictions. Firstly, the Free Flow of Non-Personal Data Regulation (FFoNPD) will be repealed, as its functions are now covered by the Data Act. However, the prohibition of unjustified data localisation, a fundamental principle for the Digital Single Market, will be explicitly preserved.

Similarly, the Data Governance Act  (European Data Governance Regulation or DGA) will be eliminated as a stand-alone rule, migrating its essential provisions to the Data Act. This move simplifies the regulatory framework and also eases the administrative burden: obligations for data intermediaries will become lighter and more voluntary.

As for the public sector, the strategy proposes an important consolidation. The rules on public data sharing, currently dispersed between the DGA and the Open Data Directive, will be merged into a single chapter within the Data Act. This unification will facilitate both the application and the understanding of the legal framework by public administrations.

2.2 Cookie reform: balancing protection and usability

Another relevant detail is the regulation of cookies, which will undergo a significant modernization, being integrated into the framework of the General Data Protection Regulation (GDPR). The reform seeks a balance: on the one hand, low-risk uses that currently generate legal uncertainty will be legalized; on the other,  consent banners will be simplified  through "one-click" systems. The goal is clear: to reduce the so-called "user fatigue" in the face of the repetitive requests for consent that we all know when browsing the Internet.

2.3 Adjustments to the GDPR to facilitate AI development

The General Data Protection Regulation will also be subject to a targeted reform, specifically designed to release data responsibly for the benefit of the development of artificial intelligence. This surgical intervention addresses three specific aspects:

1. It clarifies when legitimate interest for AI model training may apply.

2. It defines more precisely the distinction between anonymised and pseudonymised data, especially in relation to the risk of re-identification.

3. It harmonises data protection impact assessments, facilitating their consistent application across the Union.

2. 4 Implementation and Support for the Data Act

The recently approved Data Act will be subject to adjustments to improve its application. On the one hand, the scope of business-to-government ( B2G) data sharing is refined, strictly limiting it to emergency situations. On the other hand, the umbrella of protection is extended: the favourable conditions currently enjoyed by small and medium-sized enterprises (SMEs) will also be extended to medium-sized companies or small mid-caps, those with between 250 and 749 employees.

To facilitate the practical implementation of the standard, a model contractual clause for data exchange has already been published , thus providing a template that organizations can use directly. In addition, two additional guides will be published during the first quarter of 2026: one on the concept of "reasonable compensation" in data exchanges, and another aimed at clarifying the key definitions of the Data Act that may generate interpretative doubts.

Aware that SMEs may struggle to navigate this new legal framework, a Legal Helpdesk  will be set up in the fourth quarter of 2025. This helpdesk will provide direct advice on the implementation of the Data Act, giving priority precisely to small and medium-sized enterprises that lack specialised legal departments.

2.5 Evolving governance: towards a more coordinated ecosystem

The governance architecture of the European data ecosystem is also undergoing significant changes. The European Data Innovation Board (EDIB) evolves from a primarily advisory body to a forum for more technical and strategic discussions, bringing together both Member States and industry representatives. To this end, its articles will be modified with two objectives: to allow the inclusion of the competent authorities in the debates on Data Act, and to provide greater flexibility to the European Commission in the composition and operation of the body.

In addition, two additional mechanisms of feedback and anticipation are articulated. The Apply AI Alliance will channel  sectoral feedback, collecting the specific experiences and needs of each industry. For its part, the AI Observatory will act as a trend radar, identifying emerging developments in the field of artificial intelligence and translating them into public policy recommendations. In this way, a virtuous circle is closed where politics is constantly nourished by the reality of the field.

Pillar 3: Protecting European data sovereignty

The third pillar focuses on ensuring that European data is treated fairly and securely, both inside and outside the Union's borders. The intention is that data will only be shared with countries with the same regulatory vision.

3.1 Specific measures to protect European data

• Publication of guides to assess the fair treatment of EU data abroad (Q2 2026):

• Publication of the Unfair Practices Toolbox  (Q2 2026):

  • Unjustified location.

  • Exclusion.

  • Weak safeguards.

  • The data leak.

• Taking measures to protect sensitive non-personal data.

All these measures are planned to be implemented from the last quarter of 2025 and throughout 2026 in a progressive deployment that will allow a gradual and coordinated adoption of the different measures, as established in the Data Union Strategy.

In short, the Data Union Strategy represents a comprehensive effort to consolidate European leadership in the data economy. To this end, data pooling and data spaces in the Member States will  be promoted, Data Labs and AI gigafactories will be committed to and regulatory simplification will be encouraged.

The European open data portal has published the third volume of its Use Case Observatory, a report that compiles the evolution of data reuse projects across Europe. This initiative highlights the progress made in four areas: economic, governmental, social and environmental impact.

The closure of a three-year investigation

Between 2022 and 2025, the European Open Data Portal has systematically monitored the evolution of various European projects. The research began with an initial selection of 30 representative initiatives, which were analyzed in depth to identify their potential for impact.

After two years, 13 projects continued in the study, including three Spanish ones: Planttes, Tangible Data and UniversiDATA-Lab. Its development over time was studied to understand how the reuse of open data can generate real and sustainable benefits.

The publication of volume III in October 2025 marks the closure of this series of reports, following volume I (2022) and volume II (2024). This last document offers a longitudinal view, showing how the projects have matured in three years of observation and what concrete impacts they have generated in their respective contexts.

Common conclusions

This third and final report compiles a number of key findings:

Economic impact

Open data drives growth and efficiency across industries. They contribute to job creation, both directly and indirectly, facilitate smarter recruitment processes and stimulate innovation in areas such as urban planning and digital services.

The report shows the example of:

•  Naar Jobs (Belgium): an application for job search close to users' homes and focused on the available transport options.

This application demonstrates how open data can become a driver for regional employment and business development.

Government impact

The opening of data strengthens transparency, accountability and citizen participation.

Two use cases analysed belong to this field:

• Waar is mijn stemlokaal? (Netherlands): platform for the search for polling stations.
• Statsregnskapet.no (Norway): website to visualize government revenues and expenditures.

Both examples show how access to public information empowers citizens, enriches the work of the media, and supports evidence-based policymaking. All of this helps to strengthen democratic processes and trust in institutions.

Social impact

Open data promotes inclusion, collaboration, and well-being.

The following initiatives analysed belong to this field:

• UniversiDATA-Lab (Spain): university data repository that facilitates analytical applications.
• VisImE-360 (Italy): a tool to map visual impairment and guide health resources.
• Tangible Data (Spain): a company focused on making physical sculptures that turn data into accessible experiences.
• EU Twinnings (Netherlands): platform that compares European regions to find "twin cities"
• Open Food Facts (France): collaborative database on food products.
• Integreat (Germany): application that centralizes public information to support the integration of migrants.

All of them show how data-driven solutions can amplify the voice of vulnerable groups, improve health outcomes and open up new educational opportunities. Even the smallest effects, such as improvement in a single person's life, can prove significant and long-lasting.

Environmental impact

Open data acts as a powerful enabler of sustainability.

As with environmental impact, in this area we find a large number of use cases:

• Digital Forest Dryads (Estonia): a project that uses data to monitor forests and promote their conservation.
• Air Quality in Cyprus (Cyprus): platform that reports on air quality and supports environmental policies.
• Planttes (Spain): citizen science app that helps people with pollen allergies by tracking plant phenology.
• Environ-Mate (Ireland): a tool that promotes sustainable habits and ecological awareness.

These initiatives highlight how data reuse contributes to raising awareness, driving behavioural change and enabling targeted interventions to protect ecosystems and strengthen climate resilience.

Volume III also points to common challenges: the need for sustainable financing, the importance of combining institutional data with citizen-generated data, and the desirability of involving end-users throughout the project lifecycle. In addition, it underlines the importance of European collaboration and transnational interoperability to scale impact.

Overall, the report reinforces the relevance of continuing to invest in open data ecosystems as a key tool to address societal challenges and promote inclusive transformation.

The impact of Spanish projects on the reuse of open data

As we have mentioned, three of the use cases analysed in the Use Case Observatory have a Spanish stamp. These initiatives stand out for their ability to combine technological innovation with social and environmental impact, and highlight Spain 's relevance within the European open data ecosystem. His career demonstrates how our country actively contributes to transforming data into solutions that improve people's lives and reinforce sustainability and inclusion. Below, we zoom in on what the report says about them.

Planks

This citizen science initiative helps people with pollen allergies through real-time information about allergenic plants in bloom. Since its appearance in Volume I of the Use Case Observatory,  it has evolved as a participatory platform in which users contribute photos and phenological data to create a personalized risk map. This participatory model has made it possible to maintain a constant flow of information validated by researchers and to offer increasingly complete maps. With more than 1,000 initial downloads and about 65,000 annual visitors to its website, it is a useful tool for people with allergies, educators and researchers.

The project has strengthened its digital presence, with increasing visibility thanks to the support of institutions such as the Autonomous University of Barcelona and the University of Granada, in addition to the promotion carried out by the company Thigis.

Its challenges include expanding geographical coverage beyond Catalonia and Granada and sustaining data participation and validation. Therefore, looking to the future, it seeks to extend its territorial reach, strengthen collaboration with schools and communities, integrate more data in real time and improve its predictive capabilities.

Throughout this time, Planttes has established herself as an example of how citizen-driven science can improve public health and environmental awareness, demonstrating the value of citizen science in environmental education, allergy management, and climate change monitoring.

Tangible data

The project transforms datasets into physical sculptures that represent global challenges such as climate change or poverty, integrating QR codes and NFC to contextualize the information. Recognized at the EU Open Data Days 2025, Tangible Data has inaugurated its installation Tangible climate at the National Museum of Natural Sciences in Madrid.

Tangible Data has evolved in three years from a prototype project based on 3D sculptures to visualize sustainability data to become an educational and cultural platform that connects open data with society. Volume III of the Use Case Observatory reflects its expansion into schools and museums, the creation of an educational program for 15-year-old students, and the development of interactive experiences with artificial intelligence, consolidating its commitment to accessibility and social impact.

Its challenges include funding and scaling up the education programme, while its future goals include scaling up school activities, displaying large-format sculptures in public spaces,  and strengthening collaboration with artists and museums. Overall, it remains true to its mission of making data tangible, inclusive, and actionable.

UniversiDATA-Lab

UniversiDATA-Lab is a dynamic repository of analytical applications based on open data from Spanish universities, created in 2020 as a public-private collaboration and currently made up of six institutions. Its unified infrastructure facilitates the publication and reuse of data in standardized formats, reducing barriers and allowing students, researchers, companies and citizens to access useful information for education, research and decision-making.

Over the past three years, the project has grown from a prototype to a consolidated platform, with active applications such as the budget and retirement viewer, and a hiring viewer in beta. In addition, it organizes a periodic datathon that promotes innovation and projects with social impact.

Its challenges include internal resistance at some universities and the complex anonymization of sensitive data, although it has responded with robust protocols and a focus on transparency. Looking to the future, it seeks to expand its catalogue, add new universities and launch applications on emerging issues such as school dropouts, teacher diversity or sustainability, aspiring to become a European benchmark in the reuse of open data in higher education.

Conclusion

In conclusion, the third volume of the Use Case Observatory confirms that open data has established itself as a key tool to boost innovation, transparency and sustainability in Europe. The projects analysed – and in particular the Spanish initiatives Planttes, Tangible Data and UniversiDATA-Lab – demonstrate that the reuse of public information can translate into concrete benefits for citizens, education, research and the environment.

Did you know that less than two out of ten European companies use artificial intelligence (AI) in their operations? This data, corresponding to 2024, reveals the margin for improvement in the adoption of this technology. To reverse this situation and take advantage of the transformative potential of AI, the European Union has designed a comprehensive strategic framework that combines investment in computing infrastructure, access to quality data and specific measures for key sectors such as health, mobility or energy.

In this article we explain the main European strategies in this area, with a special focus on the Apply AI Strategy or the AI Continent Action Plan , adopted this year in October and April respectively. In addition, we will tell you how these initiatives complement other European strategies to create a comprehensive innovation ecosystem.

Context: Action plan and strategic sectors

On the one hand, the AI Continent Action Plan establishes five strategic pillars:

1. Computing infrastructures: scaling computing capacity through AI Factories, AI Gigafactories and the Cloud and AI Act, specifically:
   • AI factories: infrastructures to train and improve artificial intelligence models will be promoted. This strategic axis has a budget of 10,000 million euros and is expected to lead to at least 13 AI factories by 2026.
   • Gigafactorie AI: the infrastructures needed to train and develop complex AI models will also be taken into account, quadrupling the capacity of AI factories. In this case, 20,000 million euros are invested for the development of 5 gigafactories.
   • Cloud and AI Act: Work is being done on a regulatory framework to boost research into highly sustainable infrastructure, encourage investments and triple the capacity of EU data centres over the next five to seven years.
2. Access to quality data: facilitate access to robust and well-organized datasets through the so-called Data Labs in AI Factories.
3. Talent and skills: strengthening AI skills across the population, specifically:
   • Create international collaboration agreements.
   • To offer scholarships in AI for the best students, researchers and professionals in the sector.
   • Promote skills in these technologies through a specific academy.
   • Test a specific degree in generative AI.
   • Support training updating through the European Digital Innovation Hub.
4. Development and adoption of algorithms: promoting the use of artificial intelligence in strategic sectors.
5. Regulatory framework: Facilitate compliance with the AI Regulation in a simple and innovative way and provide free and adaptable tools for companies.

On the other hand, the recently presented, in October 2025, Apply AI Strategy seeks to boost the competitiveness of strategic sectors and strengthen the EU's technological sovereignty, driving AI adoption and innovation across Europe, particularly among small and medium-sized enterprises. How? The strategy promotes an "AI first" policy, which encourages organizations to consider artificial intelligence as a potential solution whenever they make strategic or policy decisions, carefully evaluating both the benefits and risks of the technology. In addition, it encourages a European procurement approach, i.e. organisations, particularly public administrations, prioritise solutions developed in Europe. Moreover, special importance is given to open source AI solutions, because they offer greater transparency and adaptability, less dependence on external providers and are aligned with the European values of openness and shared innovation.

The Apply AI Strategy is structured in three main sections:

Flagship sectoral initiatives

The strategy identifies 11 priority areas where AI can have the greatest impact and where Europe has competitive strengths:

• Healthcare and pharmaceuticals: AI-powered advanced European screening centres will be established to accelerate the introduction of innovative prevention and diagnostic tools, with a particular focus on cardiovascular diseases and cancer.
• Robotics: Adoption will be driven for the adoption of European robotics connecting developers and user industries, driving AI-powered robotics solutions.
• Manufacturing, engineering and construction: the development of cutting-edge AI models adapted to industry will be supported, facilitating the creation of digital twins and optimisation of production processes.
• Defence, security and space: the development of AI-enabled European situational awareness and control capabilities will be accelerated, as well as highly secure computing infrastructure for defence and space AI models.
• Mobility, transport and automotive: the "Autonomous Drive Ambition Cities" initiative will be launched to accelerate the deployment of autonomous vehicles in European cities.
• Electronic communications: a European AI platform for telecommunications will be created that will allow operators, suppliers and user industries to collaborate on the development of open source technological elements.
• Energy: the development of AI models will be supported to improve the forecasting, optimization and balance of the energy system.
• Climate and environment: An open-source AI model of the Earth system and related applications will be deployed to enable better weather forecasting, Earth monitoring, and what-if scenarios.
• Agri-food: the creation of an agri-food AI platform will be promoted to facilitate the adoption of agricultural tools enabled by this technology.
• Cultural and creative sectors, and media: the development of micro-studios specialising in AI-enhanced virtual production and pan-European platforms using multilingual AI technologies will be incentivised.
• Public sector: A dedicated AI toolkit for public administrations will be built with a shared repository of good practices, open source and reusable, and the adoption of scalable generative AI solutions will be accelerated.

Cross-cutting support measures

For the adoption of artificial intelligence to be effective, the strategy addresses challenges common to all sectors, specifically:

• Opportunities for European SMEs: The more than 250 European Digital Innovation Hubs have been transformed into AI Centres of Expertise. These centres act as privileged access points to the European AI innovation ecosystem, connecting companies with AI Factories, data labs and testing facilities.
• AI-ready workforce: Access to practical AI literacy training, tailored to sectors and professional profiles, will be provided through the AI Skills Academy.
• Supporting the development of advanced AI: The Frontier AI Initiative seeks to accelerate progress on cutting-edge AI capabilities in Europe. Through this project, competitions will be created to develop advanced open-source artificial intelligence models, which will be available to public administrations, the scientific community and the European business sector.
• Trust in the European market: Disclosure will be strengthened to ensure compliance with the European Union's AI Regulation, providing guidance on the classification of high-risk systems and on the interaction of the Regulation with other sectoral legislation.

New governance system

In this context, it is particularly important to ensure proper coordination of the strategy. Therefore, the following is proposed:

• Apply AI Alliance: The existing AI Alliance becomes the premier coordination forum that brings together AI vendors, industry leaders, academia, and the public sector. Sector-specific groups will allow the implementation of the strategy to be discussed and monitored.
• AI Observatory: An AI Observatory will be established to provide robust indicators assessing its impact on currently listed and future sectors, monitor developments and trends.

Complementary strategies: science and data as the main axes

The Apply AI Strategy does not act in isolation, but is complemented by two other fundamental strategies: the AI in Science Strategy and the Data Union Strategy.

AI in Science Strategy

Presented together with the Apply AI Strategy, this strategy supports and incentivises the development and use of artificial intelligence by the European scientific community. Its central element is RAISE (Resource for AI Science in Europe), which was presented in November at the AI in Science Summit and will bring together strategic resources: funding, computing capacity, data and talent. RAISE will operate on two pillars: Science for AI (basic research to advance fundamental capabilities) and AI in Science (use of artificial intelligence for progress in different scientific disciplines).

Data Union Strategy

This strategy will focus on ensuring the availability of high-quality, large-scale datasets, essential for training AI models. A key element will be the Data Labs associated with the AI Factories, which will bring together and federate data from different sectors, linking with the  corresponding European Common Data Spaces, making them available to developers under the appropriate conditions.

In short, through significant investments in infrastructure, access to quality data, talent development and a regulatory framework that promotes responsible innovation, the European Union is creating the necessary conditions for companies, public administrations and citizens to take advantage of the full transformative potential of artificial intelligence. The success of these strategies will depend on collaboration between European institutions, national governments, businesses, researchers and developers.

The Data Governance Act (DGA) is part of a complex web of EU public policy and regulation, the ultimate goal of which is to create a dataset ecosystem that feeds the digital transformation of the Member States and the objectives of the European Digital Decade:

• A digitally empowered population and highly skilled digital professionals.
• Secure and sustainable digital infrastructures.
• Digital transformation of companies.
• Digitisation of public services.

Public opinion is focusing on artificial intelligence from the point of view of both the opportunities and, above all, the risks and uncertainties. However, the challenge is much more profound as it involves in each of the different layers very diverse technologies, products and services whose common element lies in the need to favour the availability of a high volume of reliable and quality-checked data to support their development.

Promoting the use of data with legislation as leverage

At its inception the Directive 2019/1024 on open data and re-use of public sector information (Open Data Directive), the Directive 95/46/EC on the processing of personal data and on the free movement of such data, and subsequently the Regulation 2016/679 known as the General Data Protection Regulation(GDPR) opted for the re-use of data with full guarantee of rights. However, its interpretation and application generated in practice an effect contrary to its original objectives, clearly swinging towards a restrictive model that may have affected the processes of data generation for its exploitation. The large US platforms, through a strategy of free services - search engines, mobile applications and social networks - in exchange for personal data and with mere consent, obtained the largest volume of personal data in human history, including images, voice and personality profiles.

With the GDPR, the EU wanted to eliminate 28 different ways of applying prohibitions and limitations to the use of data. Regulatory quality certainly improved, although perhaps the results achieved have not been as satisfactory as expected and this is indicated by documents such as the Digital Economy and Society Index (DESI) 2022 or the Draghi Report (The future of European competitiveness-Part A. A competitiveness strategy for Europe).

This has forced a process of legislative re-engineering that expressly and homogeneously defines the rules that make the objectives possible. The reform of the Open Data Directive, the DGA, the Artificial Intelligence Regulation and the future European Health Data Space (EHDS) should be read from at least two perspectives:

• The first of these is at a high level and its function is aimed at preserving our constitutional values. The regulation adopts an approach focused on risk and on guaranteeing the dignity and rights of individuals, seeking to avoid systemic risks to democracy and fundamental rights.
• The second is operational, focusing on safe and responsible product development. This strategy is based on the definition of process engineering rules for the design of products and services that make European products a global benchmark for robustness, safety and reliability.

A Practical Guide to the Data Governance Law

Data protection by design and by default, the analysis of risks to fundamental rights, the development process of high-risk artificial intelligence information systems validated by the corresponding bodies or the processes of access and reuse of health data are examples of the legal and technological engineering processes that will govern our digital development. These are not easy procedures to implement. The European Union is therefore making a significant effort to fund projects such as TEHDAS, EUHubs4Data or Quantum , which operate as a testing ground. In parallel, studies are carried out or guides are published, such as the Practical Guide to the Data Governance Law.

This Guide recalls the essential objectives of the DGA:

• Regulate the re-use of certain publicly owned data subject to the rights of third parties ("protected data", such as personal data or commercially confidential or proprietary data).
• Boost data sharing by regulating data brokering service providers.
• Encourage the exchange of data for altruistic purposes.
• Establish the European Data Innovation Board to facilitate the exchange of best practices.

The DGA promotes the secure re-use of data through various measures and safeguards. These focus on the re-use of data from public sector bodies, data brokering services and data sharing for altruistic purposes.

To which data does it apply? Legitimation for the processing of protected data held by public sector bodies

In the public sector they are protected:

• Confidential business data, such as trade secrets or know-how.
• Statistically confidential data.
• Data protected by the intellectual property rights of third parties.
• Personal data, insofar as such data do not fall within the scope of the Open Data Directive when irreversible anonymisation is ensured and no special categories of data are concerned.

An essential starting point should be underlined: as far as personal data are concerned, the General Data Protection Regulation (GDPR) and the rules on privacy and electronic communications (Directive 2002/58/EC) also apply. This implies that, in the event of a collision between them and the DGA, the former will prevail.

Moreover, the DGA does not create a right of re-use or a new legal basis within the meaning of the GDPR for the re-use of personal data. This means that Member State or Union law determines whether a specific database or register containing protected data is open for re-use in general. Where such re-use is permitted, it must be carried out in accordance with the conditions laid down in Chapter I of the DGA.

Finally, they are excluded from the scope of the DGA:

• Data held by public companies, museums, schools and universities.
• Data protected for reasons of public security, defence or national security.
• Data held by public sector bodies for purposes other than the performance of their defined public functions.
• Exchange of data between researchers for non-commercial scientific research purposes.

Conditions for re-use of data

It can be noted that in the area of re-use of public sector data:

▪ The DGA establishes rules for the re-use of protected data, such as personal data, confidential commercial data or statistically sensitive data.

▪ It does not create a general right of re-use, but establishes conditions where national or EU law allows such re-use.

▪ The conditions for access must be transparent, proportionate and objective, and must not be used to restrict competition. The rule mandates the promotion of data access for SMEs and start-ups, and scientific research. Exclusivity agreements for re-use are prohibited, except in specific cases of public interest and for a limited period of time.

▪ Attributes to public sector bodies the duty to ensure the preservation of the protected nature of the data. This will require the deployment of intermediation methodologies and technologies. Anonymisation and access through secure processing environments (Secure processing environments or SPE) can play a key role. The former is a risk elimination factor, while PES can define a processing ecosystem that provides a comprehensive service offering to re-users, from the cataloguing and preparation of datasets to their analysis. The Spanish Data Protection Agency has published an Approach to data spaces from a GDPR perspective that includes recommendations and methodologies in this area.

▪ Re-users are subject to obligations of confidentiality and non-identification of data subjects. In case of re-identification of personal data, the re-user must inform the public sector body and there may be security breach notification obligations.

▪ Insofar as the relationship is established directly between the re-user and the public sector body, there may be cases in which the latter must provide support to the former for the fulfilment of certain duties:

• To obtain, if necessary, the consent of the persons concerned for the processing of personal data.
• In case of unauthorised use of non-personal data, the re-user shall inform the legal entities concerned. The public sector body that initially granted the permission for re-use may provide support if necessary.

▪ International transfers of personal data are governed by the GDPR. For international transfers of non-personal data, the re-user is required to inform the public sector body and to contractually commit to ensure data protection. However, this is an open question, since, as with the GDPR, the European Commission has the power to:

1. Propose standard contractual clauses that public sector bodies can use in their transfer contracts with re-users.

2. Where a large number of requests for re-use from specific countries justify it, adopt "equivalence decisions" designating these third countries as providing a level of protection for trade secrets or intellectual property that can be considered equivalent to that provided for in the EU.

3. Adopt the conditions to be applied to transfers of highly sensitive non-personal data, such as health data. In cases where the transfer of such data to third countries poses a risk to EU public policy objectives (in this example, public health) and in order to assist public sector bodies granting permissions for re-use, the Commission will set additional conditions to be met before such data can be transferred to a third country.

▪ Public sector bodies may charge fees for allowing re-use. The DGA's strategy aims at sustainability of the system, as fees should only cover the costs of making data available for re-use, such as the costs of anonymisation or providing a secure processing environment. This would include the costs of processing requests for re-use. Member States must publish a description of the main cost categories and the rules used for their allocation.

▪ Natural or legal persons directly affected by a decision on re-use taken by a public sector body shall have the right to lodge a complaint or to seek a judicial remedy in the Member State of that public sector body.

Organisational support

It is entirely possible that public sector bodies offering intermediation services will multiply. This is a complex environment that will require technical and legal support, backstopping and coordination.

To this end, Member States should designate one or more competent bodies whose role is to support public sector bodies granting re-use. The competent bodies shall have adequate legal, financial, technical and human resources to carry out the tasks assigned to them, including the necessary expertise. They are not supervisory bodies, they do not exercise public powers and, as such, the DGA does not set specific requirements as to their status or legal form. In addition, the competent body may be given a mandate to allow re-use itself.

Finally, States must create a Single Point of Information or one-stop shop. This Point will be responsible for transmitting queries and requests to relevant public sector bodies and for maintaining an asset list with an overview of available data resources (metadata). The single information point may be linked to local, regional or sectoral information points where they exist. At EU level, the Commission created the European Register of Protected Data held by the Public Sector (ERPD), a searchable register of information collected by national single points of information to further facilitate the re-use of data in the internal market and beyond.

EU regulations are rules that are complex to implement. Therefore, a special pro-activity is required to contribute to its correct understanding and implementation. The EU Guide to the Deployment of the Data Governance Act is a first tool for this purpose and will allow a better understanding of the objectives and possibilities offered by the DGA.

Almost half of European adults lack basic digital skills. According to the latest State of the Digital Decade report, in 2023, only 55.6% of citizens reported having such skills. This percentage rises to 66.2% in the case of Spain, ahead of the European average.

Having basic digital skills is essential in today's society because it enables access to a wider range of information and services, as well as effective communication in onlineenvironments, facilitating greater participation in civic and social activities. It is also a great competitive advantage in the world of work.

In Europe, more than 90% of professional roles require a basic level of digital skills. Technological knowledge has long since ceased to be required only for technical professions, but is spreading to all sectors, from business to transport and even agriculture. In this respect, more than 70% of companies said that the lack of staff with the right digital skills is a barrier to investment.

A key objective of the Digital Decade is therefore to ensure that at least 80% of people aged 16-74 have at least basic digital skills by 2030.

Basic technology skills that everyone should have

When we talk about basic technological capabilities, we refer, according to the DigComp framework , to a number of areas, including:

• Information and data literacy: includes locating, retrieving, managing and organising data, judging the relevance of the source and its content.
• Communication and collaboration: involves interacting, communicating and collaborating through digital technologies taking into account cultural and generational diversity. It also includes managing one's own digital presence, identity and reputation.
• Digital content creation: this would be defined as the enhancement and integration of information and content to generate new messages, respecting copyrights and licences. It also involves knowing how to give understandable instructions to a computer system.
• Security: this is limited to the protection of devices, content, personal data and privacy in digital environments, to protect physical and mental health.
• Problem solving: it allows to identify and solve needs and problems in digital environments. It also focuses on the use of digital tools to innovate processes and products, keeping up with digital evolution.

Which data-related jobs are most in demand?

Now that the core competences are clear, it is worth noting that in a world where digitalisation is becoming increasingly important , it is not surprising that the demand for advanced technological and data-related skills is also growing.

According to data from the LinkedIn employment platform, among the 25 fastest growing professions in Spain in 2024 are security analysts (position 1), software development analysts (2), data engineers (11) and artificial intelligence engineers (25). Similar data is offered by Fundación Telefónica's Employment Map, which also highlights four of the most in-demand profiles related to data:

• Data analyst: responsible for the management and exploitation of information, they are dedicated to the collection, analysis and exploitation of data, often through the creation of dashboards and reports.
• Database designer or database administrator: focused on designing, implementing and managing databases. As well as maintaining its security by implementing backup and recovery procedures in case of failures.
• Data engineer: responsible for the design and implementation of data architectures and infrastructures to capture, store, process and access data, optimising its performance and guaranteeing its security.
• Data scientist: focused on data analysis and predictive modelling, optimisation of algorithms and communication of results.

These are all jobs with good salaries and future prospects, but where there is still a large gap between men and women. According to European data, only 1 in 6 ICT specialists and 1 in 3 science, technology, engineering and mathematics (STEM) graduates are women.

To develop data-related professions, you need, among others, knowledge of popular programming languages such as Python, R or SQL, and multiple data processing and visualisation tools, such as those detailed in these articles:

• Debugging and data conversion tools
• Data analysis tools
• Data visualisation tools
• Data visualisation libraries and APIs
• Geospatial visualisation tools
• Network analysis tools

The range of training courses on all these skills is growing all the time.

Future prospects

Nearly a quarter of all jobs (23%) will change in the next five years, according to the World Economic Forum's Future of Jobs 2023 Report.  Technological advances will create new jobs, transform existing jobs and destroy those that become obsolete. Technical knowledge, related to areas such as artificial intelligence or Big Data, and the development of cognitive skills, such as analytical thinking, will provide great competitive advantages in the labour market of the future. In this context, policy initiatives to boost society's re-skilling , such as the European Digital Education Action Plan (2021-2027), will help to generate common frameworks and certificates in a constantly evolving world.

The technological revolution is here to stay and will continue to change our world. Therefore, those who start acquiring new skills earlier will be better positioned in the future employment landscape.

Digital transformation has become a fundamental pillar for the economic and social development of countries in the 21st century. In Spain, this process has become particularly relevant in recent years, driven by the need to adapt to an increasingly digitalised and competitive global environment. The COVID-19 pandemic acted as a catalyst, accelerating the adoption of digital technologies in all sectors of the economy and society.

However, digital transformation involves not only the incorporation of new technologies, but also a profound change in the way organisations operate and relate to their customers, employees and partners. In this context, Spain has made significant progress, positioning itself as one of the leading countries in Europe in several aspects of digitisation.

The following are some of the most prominent reports analysing this phenomenon and its implications.

State of the Digital Decade 2024 report

The State of the Digital Decade 2024 report examines the evolution of European policies aimed at achieving the agreed objectives and targets for successful digital transformation. It assesses the degree of compliance on the basis of various indicators, which fall into four groups: digital infrastructure, digital business transformation, digital skills and digital public services.

Figure 1. Taking stock of progress towards the Digital Decade goals set for 2030, “State of the Digital Decade 2024 Report”, European Commission.

In recent years, the European Union (EU) has significantly improved its performance by adopting regulatory measures - with 23 new legislative developments, including, among others, the Data Governance Regulation and the Data Regulation- to provide itself with a comprehensive governance framework: the Digital Decade Policy Agenda 2030.

The document includes an assessment of the strategic roadmaps of the various EU countries. In the case of Spain, two main strengths stand out:

• Progress in the use of artificial intelligence by companies (9.2% compared to 8.0% in Europe), where Spain's annual growth rate (9.3%) is four times higher than the EU (2.6%).
• The large number of citizens with basic digital skills (66.2%), compared to the European average (55.6%).

On the other hand, the main challenges to overcome are the adoption of cloud services ( 27.2% versus 38.9% in the EU) and the number of ICT specialists ( 4.4% versus 4.8% in Europe).

The following image shows the forecast evolution in Spain of the key indicators analysed for 2024, compared to the targets set by the EU for 2030.

Figure 2. Key performance indicators for Spain, “Report on the State of the Digital Decade 2024”, European Commission.

Spain is expected to reach 100% on virtually all indicators by 2030.  26.7 billion (1.8 % of GDP), without taking into account private investments. This roadmap demonstrates the commitment to achieving the goals and targets of the Digital Decade.

In addition to investment, to achieve the objective, the report recommends focusing efforts in three areas: the adoption of advanced technologies (AI, data analytics, cloud) by SMEs; the digitisation and promotion of the use of public services; and the attraction and retention of ICT specialists through the design of incentive schemes.

European Innovation Scoreboard 2024

The European Innovation Scoreboard carries out an annual benchmarking of research and innovation developments in a number of countries, not only in Europe. The report classifies regions into four innovation groups, ranging from the most innovative to the least innovative: Innovation Leaders, Strong Innovators, Moderate Innovators and Emerging Innovators.

Spain is leading the group of moderate innovators, with a performance of 89.9% of the EU average. This represents an improvement compared to previous years and exceeds the average of other countries in the same category, which is 84.8%. Our country is above the EU average in three indicators: digitisation, human capital and financing and support. On the other hand, the areas in which it needs to improve the most are employment in innovation, business investment and innovation in SMEs. All this is shown in the following graph:

Figure 3. Blocks that make up the synthetic index of innovation in Spain, European Innovation Scorecard 2024 (adapted from the COTEC Foundation).

Spain's Digital Society Report 2023

The Telefónica Foundation also periodically publishes a report  which analyses the main changes and trends that our country is experiencing as a result of the technological revolution.

The edition currently available is the 2023 edition. It highlights that "Spain continues to deepen its digital transformation process at a good pace and occupies a prominent position in this aspect among European countries", highlighting above all the area of connectivity. However, digital divides remain, mainly due to age.

Progress is also being made in the relationship between citizens and digital administrations: 79.7% of people aged 16-74 used websites or mobile applications of an administration in 2022. On the other hand, the Spanish business fabric is advancing in its digitalisation, incorporating digital tools, especially in the field of marketing. However, there is still room for improvement in aspects of big data analysis and the application of artificial intelligence, activities that are currently implemented, in general, only by large companies.

Artificial Intelligence and Data Talent Report

IndesIA, an association that promotes the use of artificial intelligence and Big Data in Spain, has carried out a quantitative and qualitative analysis of the data and artificial intelligence talent market in 2024 in our country.

According to the report, the data and artificial intelligence talent market represents almost 19% of the total number of ICT professionals in our country. In total, there are 145,000 professionals (+2.8% from 2023), of which only 32% are women. Even so, there is a gap between supply and demand, especially for natural language processing engineers. To address this situation, the report analyses six areas for improvement: workforce strategy and planning, talent identification, talent activation, engagement, training and development, and data-driven culture .

Other reports of interest

 The COTEC Foundation also regularly produces various reports on the subject. On its website we can find documents on the budget execution of R&D in the public sector, the social perception of innovation or the regional talent map.

For their part, the Orange Foundation in Spain and the consultancy firm Nae have produced a report to analyse digital evolution over the last 25 years, the same period that the Foundation has been operating in Spain. The report highlights that, between 2013 and 2018, the digital sector has contributed around €7.5 billion annually to the country's GDP.

In short, all of them highlight Spain's position among the European leaders in terms of digital transformation, but with the need to make progress in innovation. This requires not only boosting economic investment, but also promoting a cultural change that fosters creativity. A more open and collaborative mindset will allow companies, administrations and society in general to adapt quickly to technological changes and take advantage of the opportunities they bring to ensure a prosperous future for Spain.

Do you know of any other reports on the subject? Leave us a comment or write to us at dinamizacion@datos.gos.es.

Digital transformation has reached almost every aspect and sector of our lives, and the world of products and services is no exception. In this context, the Digital Product Passport (DPP) concept is emerging as a revolutionary tool to foster sustainability and the circular economy. Accompanied by initiatives such as CIRPASS (Circular Product Information System for Sustainability), the DPP promises to change the way we interact with products throughout their life cycle. In this article, we will explore what DPP is, its origins, applications, risks and how it can affect our daily lives and the protection of our personal data.

What is the Digital Product Passport (DPP)? Origin and importance

The Digital Product Passport is a digital collection of key information about a product, from manufacturing to recycling. This passport allows products to be tracked and managed more efficiently, improving transparency and facilitating sustainable practices. The information contained in a DPP may include details on the materials used, the manufacturing process, the supply chain, instructions for use and how to recycle the product at the end of its life.

The DPP has been developed in response to the growing need to promote the circular economy and reduce the environmental impact of products. The European Union (EU) has been a pioneer in promoting policies and regulations that support sustainability. Initiatives such as the EU's Circular Economy Action Plan have been instrumental in driving the DPP forward. The objectives of this plan are as follows:

• Greater Transparency: Consumers no longer have to guess about the origin of their products and how to dispose of them correctly. With a machine-readable DPP (e.g. QR code or NFC tag) attached to end products, consumers can make informed purchasing decisions and brands can eliminate greenwashing with confidence.
• Simplified Compliance: By creating an audit of events and transactions in a product's value chain, the DPP provides the brand and its suppliers with the necessary data to address compliance demands efficiently.
• Sustainable Production: By tracking and reporting the social and environmental impacts of a product from source to disposal, brands can make data-driven decisions to optimise sustainability in product development.
• Circular Economy: The DPP facilitates a circular economy by promoting eco-design and the responsible production of durable products that can be reused, remanufactured and disposed of correctly.

The following image summarises the main advantages of the digital passport at each stage of the digital product manufacturing process:

CIRPASS as a facilitator of DPP implementation

CIRPASS is a platform that supports the implementation of the DPP. This European initiative aims to standardise the collection and exchange of data on products, facilitating their traceability and management throughout their life cycle. CIRPASS plays a crucial role in creating an interoperable digital framework that connects manufacturers, consumers and recyclers.

DPP applications in various sectors

On 5 March 2024, CIRPASS, in collaboration with the European Commission, organised an event on the future development of the Digital Product Passport. The event brought together various stakeholders from different industries and organisations, who, with an eminently practical approach presented and discussed various aspects of the upcoming regulation and its requirements, possible solutions, examples of use cases, and the obstacles and opportunities for the affected industries and businesses.

The following are the applications of DPP in various sectors as explained at the event:

1. Textile industry: It allows consumers to know the origin of the garments, the materials used and the working conditions in the factories.
2. Electronics: Facilitates recycling and reuse of components, reducing electronic waste.
3. Automotive: It assists in tracking parts and materials, promoting the repair and recycling of vehicles.
4. Power supply: It provides information on food traceability, ensuring safety and sustainability in the supply chain.

 The impact of the DPP on citizens' lives

But what impact will the use of this kind of novel paradigm have on our daily lives? And how does this impact on us as end users of multiple products and services such as those mentioned above? We will focus on four base cases: informed consumers in any field, ease of product repair, trust and transparency, and efficient recycling.

The DPP provides consumers with access to detailed information about the products they buy, such as their origin, materials and production practices. This allows consumers to make more informed choices and opt for products that are sustainable and ethical. For example, a consumer can choose a garment made from organic materials and produced under fair labour conditions, thus promoting responsible and conscious consumption.

Similarly, one of the great benefits of the DPP is the inclusion of repair guides within the digital passport. This means that consumers can easily access detailed instructions on how to repair a product instead of discarding it when it breaks down. For example, if an appliance stops working, the DPP can provide a step-by-step repair manual, allowing the user to fix it himself or take it to a technician with the necessary information. This not only extends the lifetime of products, but also reduces e-waste and promotes sustainability.

Also, access to detailed and transparent product information through the DPP can increase consumers' trust in brands. Companies that provide a complete and accurate DPP demonstrate their commitment to transparency and accountability, which can enhance their reputation and build customer loyalty. In addition, consumers who have access to this information are better able to make responsible purchasing decisions, thus encouraging more ethical and sustainable consumption habits.

Finally, the DPP facilitates effective recycling by providing clear information on how to break down and reuse the materials in a product. For example, a citizen who wishes to recycle an electronic device can consult the DPP to find out which parts can be recycled and how to separate them properly. This improves the efficiency of the recycling process and ensures that more materials are recovered and reused instead of ending up in landfill, contributing to a circular economy.

Risks and challenges of the DPP

Similarly, as a novel technology and as part of the digital transformation that is taking place in the product sectors, the DPP also presents certain challenges, risks and challenges such as:

1. Data Protection: The collection and storage of large amounts of data can put consumers' privacy at risk if not properly managed.
2. Security: Digital data is vulnerable to cyber-attacks, which requires robust security measures.
3. Interoperability: Standardisation of data across different industries and countries can be complex, making it difficult to implement the DPP on a large scale.
4. Costs: Creating and maintaining digital passports can be costly, especially for small and medium-sized enterprises.

Data protection implications

The implementation of the DPP and systems such as CIRPASS implies careful management of personal data. It is essential that companies and digital platforms comply with data protection regulations, such as the EU's General Data Protection Regulation (GDPR). Organisations must ensure that the data collected is used in a transparent manner and with the explicit consent of consumers. In addition, advanced security measures must be implemented to protect the integrity and confidentiality of the data.

Relationship with European Data Spaces

The European Data Spaces are an EU initiative to create a single market for data, promoting innovation and the digital economy. The DPP and CIRPASS are aligned with this vision, as they encourage the exchange of information between different actors in the economy. Data interoperability is essential for the success of the European Data Spaces, and the DPP can contribute significantly to this goal by providing structured and accessible product data.

Conclusion

In conclusion, the Digital Product Passport and the CIRPASS initiative represent a significant step towards a more circular and sustainable economy. Through the collection and exchange of detailed product data, these systems can improve transparency, encourage responsible consumption practices and reduce environmental impact. However, their implementation requires overcoming challenges related to data protection, security and interoperability. As we move towards a more digitised future, the DPP and CIRPASS have the potential to transform the way we interact with products and contribute to a more sustainable world.

Content prepared by Dr. Fernando Gualo, Professor at UCLM and Data Governance and Quality Consultant The content and the point of view reflected in this publication are the sole responsibility of its author.

The European Parliament's tenth parliamentary term started on July, a new institutional cycle that will run from 2024-2029. The President of the European Commission, Ursula von der Leyen, was elected for a second term, after presenting to the European Parliament her Political Guidelines for the next European Commission 2024-2029.

These guidelines set out the priorities that will guide European policies in the coming years. Among the general objectives, we find that efforts will be invested in:

1. Facilitating business and strengthening the single market.
2. Decarbonise and reduce energy prices.
3. Make research and innovation the engines of the economy.
4. Boost productivity through the diffusion of digital technology.
5. Invest massively in sustainable competitiveness.
6. Closing the skills and manpower gap.

In this article, we will explain point 4, which focuses on combating the insufficient diffusion of digital technologies. Ignorance of the technological possibilities available to citizens limits the capacity to develop new services and business models that are competitive on a global level.

Boosting productivity with the spread of digital technology

The previous mandate was marked by the approval of new regulations aimed at fostering a fair and competitive digital economy through a digital single market, where technology is placed at the service of people. Now is the time to focus on the implementation and enforcement of adopted digital laws.

One of the most recently approved regulations is the Artificial Intelligence (AI) Regulation, a reference framework for the development of any AI system. In this standard, the focus was on ensuring the safety and reliability of artificial intelligence, avoiding bias through various measures including robust data governance.

Now that this framework is in place, it is time to push forward the use of this technology for innovation. To this end, the following aspects will be promoted in this new cycle:

• Artificial intelligence factories. These are open ecosystems that provide an infrastructure for artificial intelligence supercomputing services. In this way, large technological capabilities are made available to start-up companies and research communities.
• Strategy for the use of artificial intelligence. It seeks to boost industrial uses in a variety of sectors, including the provision of public services in areas such as healthcare. Industry and civil society will be involved in the development of this strategy.
• European Research Council on Artificial Intelligence. This body will help pool EU resources, facilitating access to them.

But for these measures to be developed, it is first necessary to ensure access to quality data. This data not only supports the training of AI systems and the development of cutting-edge technology products and services, but also helps informed decision-making and the development of more accurate political and economic strategies. As the document itself states " Access to data is not only a major driver for competitiveness, accounting for almost 4% of EU GDP, but also essential for productivity and societal innovations, from personalised medicine to energy savings”.

To improve access to data for European companies and improve their competitiveness vis-à-vis major global technology players, the European Union is committed to "improving open access to data", while ensuring the strictest data protection.

The European data revolution

"Europe needs a data revolution. This is how blunt the President is about the current situation. Therefore, one of the measures that will be worked on is a new EU Data Strategy. This strategy will build on existing standards. It is expected to build on the existing strategy, whose action lines include the promotion of information exchange through the creation of a single data market where data can flow between countries and economic sectors in the EU.

In this framework, the legislative progress we saw in the last legislature will continue to be very much in evidence:

• Directive (EU) 2019/1024 on open data and re-use of public sector information, which establishes the legal framework for the re-use of public sector information, made available to the public as open data, including the promotion of high-value data.
• Regulation (EU) 2022/868 on European Data Governance (EDG), which regulates the secure and voluntary exchange of data sets held by public bodies over which third party rights concur, as well as data brokering services and the altruistic transfer of data.
• Regulation (EU) 2023/2854 on harmonised rules for fair access to and use of data (Data Act), which promotes harmonised rules on fair access and use of data in the framework of the European Strategy.

The aim is to ensure a "simplified, clear and coherent legal framework for businesses and administrations to share data seamlessly and at scale, while respecting high privacy and security standards".

In addition to stepping up investment in cutting-edge technologies, such as supercomputing, the internet of things and quantum computing, the EU plans to continue promoting access to quality data to help create a sustainable and solvent technological ecosystem capable of competing with large global companies. In this space we will keep you informed of the measures taken to this end.

One of the main objectives of Regulation (EU) of the European Parliament and of the Council of 13 December 2023 on harmonised rules for fair access to and use of data (Data Regulation) is to promote the development of interoperability criteria for data spaces, data processing services and smart contracts. In this respect, the Regulation understands interoperability as:

The ability of two or more data spaces or communication networks, systems, connected products, applications, data processing services or components to exchange and use data to perform their functions.

It explicitly states that 'interoperable and high quality data from different domains increase competitiveness and innovationand ensure sustainable economic growth', which requires that 'the same data can be used and reused for different purposes and in an unlimited way, without loss of quality or quantity'. It therefore believes that "a regulatory approach to interoperability that is ambitious and inspires innovation is essential toovercome the dependence on a single provider, which hinders competition and the development of new services".

Interoperability and data spaces

This concern already existed in the European Data Strategy where interoperability was seen as a key element for the valorisation of data and, in particular, for the deployment of Artificial Intelligence. In fact, interoperability is an unavoidable premise for data spaces, so that the establishment of appropriate protocols becomes essential to ensure their potential, both for each of the data spaces internally and also in order to facilitate a cross-cutting integration of several of them.

In this sense, there are frequent standardisation initiatives and meetings to try to establish specific interoperability conditions in this type of scenario, characterised by the diversity of data sources. Although this is an added difficulty, a cross-cutting approach, integrating several data spaces, provides a greater impact on the generation of value-added services and creates the right legal conditions for innovation.

According to the Data Regulation, those who participate in data spaces and offer data or data services to other actors involved in data spaces have to comply with a number of requirements aimed precisely at ensuring appropriate conditions for interoperability and thus that data can be processed jointly. To this end, a description of the content, structure, format and other conditions of use of the data shall be provided in such a way as to facilitate access to and sharing of the data in an automated manner, including in real time or allowing bulk downloading where appropriate.

It should be noted that compliance with technical and semantic standards for interoperability is essential for data spaces, since a minimum standardisation of legal conditions greatly facilitates their operation. In particular, it is of great importance to ensure that the data provider holds the necessary rights to share the data in such an environment and to be able to prove this in an automated way

Interoperability in data processing services

The Data Regulation pays particular attention to the need to improve interoperability between different data processing service providers, so that customers can benefit from the interaction between each of them, thereby reducing dependency on individual providers.

To this end, firstly, it reinforces the reporting obligations of providers of this type of services, to which must be added those derived from the general regulation on the provision of digital content and services general regulation on the provision of digital content and services. In particular, they must be in writing:

• Contractual conditions relating to customer rights, especially in situations related to a possible switch to another provider or infrastructure.
• A full indication of the data that may be exported during the switching process, so that the scope of the interoperability obligation will have to be fixed in advance. In addition, such information has to be made available through an up-to-date online registry to be offered by the service provider.

The Regulation aims to ensure that customers' right to free choice of data service provider is not affected by barriers and difficulties arising from lack of interoperability. The regulation even contemplates an obligation of proactivity so that the change of provider takes place without incidents in the provision of the service to the customer, obliging them to adopt reasonable measures to ensure "functional equivalence" and even to offer free of charge open interfaces to facilitate this process. However, in some cases - in particular where two services are intended to be used in parallel - the former provider is allowed to pass on certain costs that may have been incurred.

Ultimately, the interoperability of data processing services goes beyond simple technical or semantic aspects, so that it becomes an unavoidable premise for ensuring the portability of digital assets, guaranteeing the security and integrity of services and, among other objectives, not interfering with the incorporation of technological innovations, all with a marked prominence of cloud services.

Smart contracts and interoperability

The Data Regulation also pays particular attention to the interoperability conditions allowing the automated execution of data exchanges, for which it is essential to set them in a predetermined way. Otherwise, the optimal operating conditions required by the digital environment, especially from the point of view of efficiency, would be affected.

The new regulation includes specific obligations for smart contract providers and also for those who deploy smart contract tools in the course of their commercial, business or professional activity. For this purpose, a smart contract is defined as a contract that

a computer programme used for the automated execution of an agreement or part thereof, which uses a sequence of electronic data records and ensures their completeness and the accuracy of their chronological order

They have to ensure that smart contracts comply with the obligations of the Regulation as regards the provision of data and, among other aspects, it will be essential to ensure "consistency with the terms of the data sharing agreement that executes the smart contract". They shall therefore be responsible for the effective fulfilment of these requirements by carrying out a conformity assessment and issuing a declaration of compliance with these requirements.

To facilitate the enforcement of these safeguards, the Regulation provides for a presumption of compliance where harmonised standards published in the Official Journal of the European Union are respected the Commission is authorised to request European standardisation organisations to draw up specific provisions.

In the last five years, and in particular since the 2020 Strategy, there has been significant progress in European regulation, which makes it possible to state that the right legal conditions are in place to ensure the availability of quality data to drive technological innovation. As far as interoperability is concerned, very important steps have already been taken, especially in the public sector public sector where we can find disruptive technologies that can be extremely useful. However, the challenge of precisely specifying the scope of the legally established obligations still remains.

For this reason, the Data Regulation itself empowers the Commission toadopt common specifications to ensure effective compliance with the measures it envisages if necessary. However, this is a subsidiary measure, as other avenues to achieve interoperability, such as the development of harmonised standards through standardisation organisations, must be pursued first.

In short, regulating interoperability requires an ambitious approach, as recognised by the Data Regulation itself, although it is a complex process that requires implementing measures at different levels that go beyond the simple adoption of legal rules, even if such legislation represents an important step forward to boost innovation under the right conditions, i.e. beyond simple technological premises.

Content prepared by Julián Valero, Professor at the University of Murcia and Coordinator of the Research Group "Innovation, Law and Technology" (iDerTec). The contents and points of view reflected in this publication are the sole responsibility of its author.

The European Drug Report provides a current overview of the drug situation in the region, analysing the main trends and emerging threats. It is a valuable publication, with a high number of downloads, which is quoted in many media outlets.

The report is produced annually by the European Union Drugs Agency (EUDA), the current name of the former European Monitoring Centre for Drugs and Drug Addiction. It collects and analyses data from EU Member States, together with other partner countries such as Turkey and Norway, to provide a comprehensive picture of drug use and supply, drug harms and harm reduction interventions. The report contains comprehensive datasets on these issues disaggregated at the national level, and even, in some cases, at the city level (such as Barcelona or Palma de Mallorca).

This study has been carried out since 1993 and translated into more than 20 official languages of the European Union. However, in the last two years it has introduced a new feature: a change in internal processes to improve the visualisation of the data obtained. A process they explained in the recent webinar "The European Drug Report: using an open data approach to improve data visualisation", organised by the European Open Data Portal (data.europa.eu) on 25 June. The following is a summary of what the Observatory's representatives had to say at this event.

The need for change

The Observatory has always worked with open data, but there were inefficiencies in the process. Until now, the European Drug Report has always been published in PDF format, with the focus on achieving a visually appealing product. The internal process leading up to the publication of the report consisted of several stages involving various teams: 

1. A team from the Observatory checked the format of the data received from the supplier and, if necessary, adapted it.
2. A specialised data analysis team created visualisations from the data.
3. A specialised drafting team drafted the report. The team that had created the visualisations could collaborate in this phase.
4. An internal team validated the content of the report.
5. The data provider checked that the Observatory had interpreted the data correctly.

Despite the good reception of the report and its format, in 2022 the Observatory decided to completely change the publication format for the following reasons:

• Once the various steps of the publication process had been initiated, the data were formatted and were no longer machine-readable. This reduced the accessibility of the data, e.g. for screen readers, and limited its reusability.
• If errors were detected in the different steps of the process, they were corrected directly on the format of the data in this step. In other words, if an error was detected in a chart during the revision phase, it was corrected directly on that chart. This procedure could cause errors and dull the traceability of data, limiting efficiency: the same static graph could be present several times in the document and each mention had to be corrected individually.
• At the end of the process, the format of the source data had to be adjusted due to changes in the publication procedure.
• Many of the users who consulted the report did so from a mobile device, for which the PDF format was not always suitable.
• Because they are neither accessible nor mobile-friendly, PDF documents did not usually appear as the first result in search engines. This point is important for the Observatory, as many users find the report through search engines.

A responsive web format was needed, which automatically adjusts a website to the size and layout of its users' devices.  The aim was to:

• Improved accessibility.
• A more streamlined process for creating visualisations.
• An easier translation process.
• An increase in visitors from search engines.
• Greater modularity.

The process behind the new report

In order to completely transform the publication format of the report, an ad hoc visualisation process has been carried out, summarised in the following image:

Figure 1. Process for creating visualizations for the European Drug Report. Source EN: Webinar “The European Drug Report using an open data approach to improve data visualisation”, organized by data.europa.eu.

The main new feature is that visualisations are created dynamically from the source data. In this way, if something is changed in these data, it is automatically changed in all visualisations that feed on it. Using the Drupal content management system, on which much of the site is based, administrators can register changes that will automatically be reflected in the HTML and therefore in the displays. In addition, site administrators have a visualisation generator which, based on data and indications - equivalent to simple instructions such as "sort from highest to lowest" expressed in HTML - creates visualisations without the need to touch code.

The same dynamic update procedure applies to the PDF that the user can download. If there are changes in the data, in the visualisations or if typographical errors are corrected, the PDF is generated again through a compilation process that the Observatory has created specifically for this task.

The report after the change

The report is currently published in HTML version, with the possibility to download chapters or the full report in PDF format. It is structured by thematic modules and also allows the consultation of annexes.

Furthermore, the data are always published in CSV format and the licensing conditions of the data (CC-BY-4.0) are indicated on the same page. The reference to the source of the data is always made available to the reader on the same page as a visualisation.

With this change in procedure and format, benefits for all have been achieved. From the readers' point of view, the user experience has been improved. For the organisation, the publication process has been streamlined.

In terms of open data, this new approach allows for greater traceability, as the data can be consulted at any time in its current format. Moreover, according to the Observatory speakers, this new format of the report, together with the fact that the data and visualisations are always up-to-date, has increased the accessibility of the data for the media.

You can access the webinar materials here:

• Slides
• Recording