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Legislative Proposal on National Data Assets

Legislative Proposal on National Data Assets

Hungary
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A legislative proposal has been submitted in November 2023 on the system of utilization of national data assets. The primary objective of the proposal is to ensure the applicability of the data governance regulation in Hungary and to make the existing laws on secondary usage of the national data assets coherent in a regulatory environment. The scope of the proposal covers services related to the use of data processed by public authorities, the performance of other related public tasks and data collection and analysis in support of government decision-making.

In order to ensure the lawfulness and security of secondary usage of data assets, the proposal lays down a number of principles which the authorities regulated by the act are obliged to follow. According to the principle of transparency, in order to provide adequate information and transparency, the authority is obliged to use the National Public Data Portal to publish the public data listed in Annex 1 of the Privacy Act. The principle of exclusivity prohibits the authority to conclude agreements that grant exclusive rights regarding the secondary usage of national data assets. Non-discrimination must also apply to the processing of data and fulfilment of requests.

The proposal indicates institutions supporting the utilization of national data assets. The Minister responsible for the implementation of national data asset management is expected to coordinate the performance and completion of obligations regarding the utilization of the national data assets. The National Data Council is to be set up as a decision-preparatory and proposal-making body of the Minister. Its tasks include proposing to the Minister the general principles of national data asset management, the Government's data policy and its enforcement, and the applicable professional rules. The National Data Agency is a body designated by the Government to perform and coordinate public tasks related to the promotion of the use of national data assets. One of its most important tasks is to coordinate and supervise the utilization of the national data assets from a professional point of view.

The proposal also contains a list of centralised and registration-based data utilization support services. The request for data utilization support services may be submitted electronically to the central or registered service provider. Once requests have been received, the public authority has a cooperation-obligation towards the claimant. This means that the public authority is obliged to make the data available to the service provider and to provide the descriptive information necessary for the processing and further use of the data.

The proposal currently awaits detailed discussion by the Hungarian Parliament.

By Borbala Maglai, Attorney at Law, KCG Partners Law Firm

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

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