The DGA sets out fundamental requirements for data governance. The shared and widespread use of data is intended to reduce distortions of competition within the European Economic Area (EEA) and unlock the potential for socially relevant innovations across a wide range of areas of life. 

Key points of the DGA are: 

The Open Data Directive regulates the reuse of publicly accessible information held by the public sector. In Liechtenstein, this directive has been implemented in the Information Reuse Act (Informationsweiterverwendungsgesetz; IWG); open data can therefore be accessed via the Open Data Portal. However, the public sector also holds large amounts of protected data (e.g., confidential business data, data subject to third-party intellectual property rights, or personal data). While this data cannot be reused as open data, it holds enormous potential for research and innovation in the public interest. The DGA now aims to make this data available under certain conditions without compromising its protected status. 

It is important to emphasize that the DGA does not impose any obligation on public bodies to make such protected data generally available. However, if a public body decides to do so or is required to do so under other legal provisions, the DGA establishes the conditions under which the data must be made available for reuse. 

The DGA places great emphasis on the principles of transparency and non-discrimination. Consequently, exclusivity clauses are generally prohibited. Likewise, various precautions (e.g., access in protected environments, contractual assurances, anonymization or pseudonymization, etc.) must be taken to maintain the protection of the data in question. Public authorities receive technical and expert support in this task from a designated agency. It should also be clarified that the provisions of the GDPR apply without restriction within the scope of the DGA as well. Furthermore, a central information office maintains an inventory containing metadata on the available datasets and lists the conditions and fees under which a request for reuse of a specific dataset may be submitted to the public authority. 

The DGA introduces a new category of service provider: the data intermediary service. As a neutral intermediary, this service is intended to facilitate the exchange of data between providers (e.g., companies, citizens, government agencies) and users. The data intermediary service may not analyze the data itself or use it for its own commercial purposes, but must provide a trustworthy, transparent platform. This is intended to offer an alternative to large platforms, which often exploit the data commercially for their own benefit. To ensure neutrality and transparency, data intermediation services are subject to strict requirements and are required to register with the relevant national authority. Data intermediation services are included in a national and an EU-wide registry. The data intermediation service providers currently registered in the EU can be viewed here: EU register of data intermediation services | Shaping Europe’s digital future. 

Data altruism refers to the willingness of individuals and companies to make their data available for purposes of general interest. Data altruism is therefore often referred to as “data donation”. Such data has enormous potential to advance research and develop better products and services, particularly in the areas of health, the environment, and mobility. 

Voluntary data sharing requires a foundation of trust. To this end, the DGA is creating a new category of intermediaries: so-called data-altruistic organizations. These organizations may voluntarily register with the relevant national authority and are subject to strict requirements, particularly regarding transparency, technical security, and the protection of “data donors’” rights. Data altruistic organizations are therefore nonprofit institutions that are strictly prohibited from using the data made available to them for their own commercial purposes. Rather, data altruistic organizations are intended to create data pools of sufficient size to enable data analysis to be conducted more quickly, more easily, and across borders, thereby promoting—in particular—(AI-supported) innovations for the general public. Data altruism organizations are included in a national and an EU-wide registry. The data altruism organizations currently registered in the EU can be viewed here: EU register of recognized data altruism organizations | Shaping Europe’s digital future. 

The Commission was empowered by the DGA to establish a European Data Innovation Council. This new body serves to coordinate efforts among Member States and is intended to facilitate the exchange of best practices—particularly regarding data brokering, data altruism, and the use of public (not open) data—as well as to support the establishment of uniform standards and rules. 

Impact on Liechtenstein 

The DGA has been applicable in the EU since September 24, 2023. Under the EEA Agreement, Liechtenstein is obligated to adopt this legal act. The new regulations will therefore also be relevant for Liechtenstein citizens, companies, organizations, and public authorities in the future.  

The SDI is actively monitoring the EEA transposition process. You can find the current status of the EEA transposition in our monitoring list or on the EFTA information page: Factsheet - 32022R0868 | European Free Trade Association.  

In addition, some provisions of the DGA require implementation under Liechtenstein law. The implementing legislation is currently open for public comment through December 2, 2025.