The open data directive provides a minimum set of rules concerning the governance of, and practical arrangements for facilitating the re-use of existing documents held by public sector bodies of the Member States, existing documents held by public undertakings, and research data.
Public sector body; the State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law
Legal basis for GDPR
Bodies governed by public law; bodies that possess the following characteristics:
- They are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character
- They have legal personality
- They are financed, for the most part by the State, regional or local authorities, or by other bodies governed by public law; or are subject to management supervision by those authorities or bodies; or have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law
Key Definitions
Public undertaking; means any undertaking active in the areas set out in point (b) of Article 1(1) of the Open data directive over which the public sector bodies may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it.