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Start with the authority’s legal power and purpose
The practical question is not simply whether an authority possesses business data. It is whether the authority that wants to access or use those data has the legal power to do so for the purpose in question. The answer may differ between two authorities, between two tasks carried out by the same authority, or between different categories of information in a single dataset.
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For a particular request, identify the authority seeking access, the task it says the data will support, and the law or other legal instrument that authorizes that task. Then establish what the data contain and what the proposed recipient plans to do with them. A transfer made for one public task is not automatically permission for a recipient to use the information for a different task or to forward it to another body.
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This is a general EU-framework answer. The exact result cannot be determined without the Member State, authority, sector, dataset, original sharing arrangement, and proposed use. EU rules may operate alongside national and sector-specific rules, and the relevant provisions must be checked for the particular case.
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Does the Data Governance Act create a general right to reuse data?
No. The Data Governance Act (DGA), Regulation (EU) 2022/868, sets conditions for the reuse of certain protected data held by public sector bodies and establishes frameworks for data intermediation and data altruism. It does not make all government-held business data available to any other authority.
The DGA’s definition of “reuse” excludes exchanges of data between public sector bodies purely in pursuit of their public tasks. That distinction matters: a public authority’s task-related exchange is not automatically a DGA reuse case, but this exclusion does not itself grant the receiving authority access. The authority still needs an applicable legal basis or other legal entitlement for the proposed access and use.
The DGA also does not oblige a public sector body to permit reuse. Its own text says: “This Regulation does not create any obligation on public sector bodies to allow the re-use of data, nor does it release public sector bodies from their confidentiality obligations under Union or national law.” In other words, the regulation’s reuse framework is not a universal disclosure mandate and does not cancel confidentiality protections.
Lawful access and a right to use are separate questions
The DGA’s definitions underline why possession alone is not enough. A “data holder” is defined by reference to a right under applicable EU or national law to grant access to or share specified personal or non-personal data. A “data user” must have lawful access and the right to use the data. The relevant entitlement therefore depends on the law that applies to the holder, recipient, data, and purpose—not merely on the fact that a file has already been sent.
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For a receiving authority, check both parts: is access lawful, and does the authority have the right to use the information for this particular task? If a further transfer is proposed, check whether the relevant legal authority and any sharing terms also cover onward disclosure. The initial recipient should not treat a technical ability to open or copy a dataset as proof of those rights.
Personal data still need a legal basis
Business data can include information about identifiable people—for example, where records name employees, sole traders, customers, or representatives. If the dataset contains personal data, the DGA does not itself supply a legal basis for processing them. The authority must assess the proposed processing under the applicable data-protection law and any relevant sectoral rules.
That assessment is distinct from asking whether the information is commercially sensitive. A dataset may contain personal data, confidential business information, both, or neither. Each category can raise a different legal question. Establish what the records actually contain before deciding that a rule about one kind of information resolves the treatment of the whole dataset.
For example, a proposed use might involve retaining identifiable records, combining them with another dataset, or sharing them with another body. Those are proposed processing activities to assess under the applicable law; the fact that the records were previously shared does not, by itself, establish that each later activity is permitted. This article cannot identify the legal basis for a specific processing operation without the facts and governing provisions.
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Business confidentiality can limit disclosure and use
Business information may be subject to confidentiality duties under EU or national law, specific sector rules, or the terms governing its original disclosure. The DGA expressly preserves confidentiality obligations. A public body should therefore not assume that data become unrestricted merely because they are in government hands or were supplied by another authority.
The European Commission’s 2018 communication on business-to-government data collaboration provides relevant context: it says legitimate interests, including trade secrets and commercially sensitive information, should be respected. That communication is not a substitute for binding law applicable to a particular authority and dataset. It points to a concern to examine, not a general answer that all business data must be withheld or may be shared.
In a concrete case, distinguish the information’s business sensitivity from the legal question of whether the recipient has authority to access it. A sharing arrangement may be relevant to the permitted use or handling of data, but its existence alone should not be treated as proof of an unlimited onward-sharing right. Check the applicable law and the instrument or terms under which the data were originally provided.
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The Data Act, Regulation (EU) 2023/2854, addresses certain requests by public sector bodies for data held by private data holders where an exceptional need applies. Its framework includes cases such as public emergencies. It is not a general entitlement for one public authority to access data already held by another authority, and it should not be used as a shortcut around the legal analysis of an inter-authority transfer.
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The regulation applies from 12 September 2025. It also preserves separate EU and national legal acts governing access to data for criminal matters, law enforcement, customs, taxation, and related specified matters. Those areas are not displaced by the Data Act’s exceptional-need framework. If a request concerns one of them, the applicable separate regime needs to be examined.
| Question | Data Governance Act | Data Act |
|---|---|---|
| What framework is relevant? | Conditions for reuse of certain protected data held by public sector bodies, plus data intermediation and data altruism frameworks. | Certain public-sector requests for data from private data holders where an exceptional need applies. |
| Does it create a general authority-to-authority access right? | No. Exchanges between public sector bodies purely in pursuit of their public tasks are excluded from the DGA definition of reuse; that exclusion does not itself confer access. | No. Its exceptional-need framework is not a general right to access data already held by another public authority. |
| What remains important? | The recipient’s legal entitlement, any personal-data rules, confidentiality duties, and applicable national or sectoral provisions. | The conditions for the particular exceptional-need request and the separate regimes that the Data Act preserves, including criminal matters, law enforcement, customs, and taxation. |
| Application date | Not stated here as a comparative date. | Applies from 12 September 2025. |
How to assess a proposed transfer or onward use
Authorities and organizations responding to a request can use the following sequence to frame the legal review. It helps separate access, use, confidentiality, and onward sharing instead of treating them as one decision.
- Identify the parties. Record which body holds the data, which body wants them, and whether the requester is acting as a public sector body for a defined public task. Do not assume that a label such as “EU authority” answers which legal powers apply.
- State the purpose precisely. Ask what task the recipient will perform and why the requested data are needed for it. A broad request to “support public work” does not identify whether the authority’s mandate covers the proposed activity.
- Locate the claimed legal authority. Identify the EU, national, or sector-specific provision or other applicable instrument that allows the recipient to access and use the data for that purpose. The DGA’s definition of reuse is not a substitute for this step.
- Describe the data. Determine whether the dataset contains personal data, commercially sensitive information, trade secrets, sector-regulated information, or a combination. The proper treatment may vary across fields within the same dataset.
- Read the original sharing terms. Check the law, decision, agreement, or other instrument under which the information was first shared. Determine whether it addresses the recipient’s purpose, subsequent disclosure, retention, security, or other handling requirements. Do not infer terms that are not established.
- Check confidentiality and data-protection duties. Identify the obligations that apply to the holder and recipient. Where personal data are involved, assess the proposed processing under the applicable data-protection law; the DGA does not provide that basis.
- Assess onward access separately. If the recipient wants to pass data to another authority, identify that next recipient, purpose, and legal authority. The first transfer does not automatically settle whether a later recipient may use the information.
- Check for a special regime. If the purpose involves criminal matters, law enforcement, customs, or taxation, account for the separate legal acts that the Data Act preserves. Apply the regime relevant to the actual request rather than assuming the Data Act supplies the answer.
- Document the scope of the decision. Record which data, purpose, recipient, and legal provisions were assessed, along with any applicable conditions. A conclusion about one transfer should not be generalized to other authorities, datasets, or purposes without reviewing their facts and governing rules.
What the answer looks like in common situations
An authority wants data another public body already holds
Possession by the first body does not alone give the second body a right of access. The requesting authority’s mandate and the purpose of the request must be matched to the applicable legal authority, with confidentiality and personal-data requirements considered where relevant. The DGA’s exclusion for exchanges purely in pursuit of public tasks is a definition of reuse, not an access pass.
A recipient wants to use data for a new task
Treat the new purpose as a distinct issue. Check whether the recipient’s legal authority and the terms or law governing the original sharing cover that use. Where personal data are present, assess the proposed processing under the relevant data-protection law. The prior transfer does not itself answer those questions.
A public body asks a private company for data
This is the kind of public-sector-to-private-holder situation the Data Act’s exceptional-need framework addresses in certain cases. Whether a particular request qualifies depends on the applicable provisions and facts. The framework should not be confused with one public authority seeking a copy from another.
The request concerns taxation, customs, or law enforcement
The Data Act does not replace the separate EU and national laws governing these areas. Identify the governing regime for the request before relying on the Data Act’s exceptional-need provisions or the DGA’s reuse framework.
What cannot be answered without case details
No EU-wide yes-or-no answer can establish whether a named recipient may use a particular dataset without knowing the authority, Member State, sector, information involved, source of the original disclosure, and proposed purpose. Those facts determine which EU, national, and sectoral rules must be examined and how confidentiality or data-protection obligations apply.
The useful general conclusion is narrower: neither the DGA nor the Data Act is a universal permission for all authorities to access all business information held elsewhere. For an actual request, establish the recipient’s legal power and purpose first, then assess the specific data, original sharing basis, confidentiality duties, and any special regime that governs the request.
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