In­ter­na­tion­al gov­ern­men­tal access to da­ta

Providers of data processing services can be requested by administrative authorities and courts or tribunals in third countries to transfer or give access to non-personal data held in the European Union to a third-country governmental body. These requests can be made in decisions from authorities or decisions or judgments from courts or tribunals. The Data Act does not prohibit the cross-border transfer of non-personal data held in the European Union as such. Legitimate international cooperation in relation to law enforcement should not be hindered. However, access to non-personal data held in the European Union must not be given if it would conflict with European law or could impinge on fundamental rights of individuals, national security or defence interests of the Union or its Member States.

Providers of data processing services must therefore check before giving access to data held in the European Union whether access to data by third-country administrative authorities, courts or tribunals or the transfer of data to a third country is legitimate. The conditions to be met are laid down in Article 32 of the Data Act.

The Bundesnetzagentur will act as the single point of act for all matters relating to the Digital Act, subject to a relevant decision by the legislature. Providers of data processing services will then also be able to contact the Bundesnetzagentur in the event that they receive data access requests from a third-country authority. The Bundesnetzagentur will support providers of data processing services in obtaining any necessary opinions from the relevant national governmental bodies with respect to the conditions laid down in the first subparagraph of Article 32(3) of the Data Act.