Transposition into Spanish law of Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the reuse of public sector information

In accordance with the provisions of Article 133 of Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations, Article 26.2 of Law 50/1997, of 27 November, of the Government and Order PRE/1590/2016, of 3 October, by which the Agreement of the Council of Ministers of 30 September 2016 is published, by which instructions are issued to enable public participation in the process of elaboration of regulations through the web portals of the ministerial departments, with the aim of improving the participation of citizens in the procedure of elaboration of rules, with the possibility of

1. The problems that are intended to be solved with the initiative.
2. The need and opportunity for its approval.
3. The objectives of the standard.
4. The possible alternative regulatory and non-regulatory solutions.

Law 37/2007, of November 16, on the reuse of public sector information, transposed into the legal system Directive 2003/98/EC, of November 17, 2003, on the reuse of public sector information and provided a minimum general framework for the conditions of reuse, stressing the potential that the information generated from public bodies gives to the development of the information society and as an element of openness and democratic participation, where the central axis was the authoritative authorization of reuse.

With the publication of Law 18/2015, of 9 July, amending Law 37/2007, of 16 November, Directive 2013/37/EU was transposed, which amends the previous Directive 2003/98/EC, and which aims to update the regime of the reuse of information, taking into account the profound changes that have occurred in terms of the volume of information generated, the progress of technology for its analysis and exploitation and the growing awareness of the value of public information and interest in reuse as a tool to promote economic growth, social commitment and transparency. A third modification of Law 37/2007, of 16 November, to adapt its subjective scope to the provisions of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, its objective scope and the applicable tariffs, was carried out by Law 9/2017, of 8 November, on Public Sector Contracts, by which the Directives of the European Parliament and of the Council 2014/24/EU, of 26 February 2014, are transposed into Spanish law.

Finally, Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the reuse of public sector information that needs to be transposed into the Spanish legal system through the law for which this prior consultation is carried out was approved. Mainly this Directive pursues the following objectives, not contemplated in the previous one:

• Extend the scope to the public services, transport and research sector that is fully or partially funded by the Public Sector.
• Promote the publication of data in real time, or in a dynamic way, establishing the concept of high-impact datasets.
• Reduce exceptions to the establishment of rates based on marginal costs.
• Provide greater transparency in the establishment of exclusive agreements and further reduce the conditions for making such agreements.

To incorporate into the Spanish legal system the innovations introduced by Directive (EU) 2019/1024 of the European Parliament and of the Council published in the OJEU on 26 June 2019 on the openness of public sector data.

The aim is to improve the provision of real-time access to dynamic data through appropriate technical means, by increasing the provision of valuable public data for reuse, including those of public companies, research funding organisations and research organisations, by addressing the emergence of new forms of exclusive agreements and the use of exceptions to the principle of marginal cost charging.

The future law for which prior public consultation is proposed will allow compliance with the obligation to transpose the Directive whose deadline is set no later than July 17, 2021.

The main objectives pursued are the following:

• Establish the obligations of the state public sector in terms of reuse by extending the scope of the scope of application to include public companies.
• Take steps to get your data opened by public research organizations or public funds for your projects.
• Promote the publication of data in real time, or in a dynamic way, establishing the concept of high-impact datasets.

To reduce the exceptions that make it possible to charge more than the marginal costs for the provision of data and with regard to non-exclusivity, to introduce transparency requirements for agreements.

The transposition of the Directive requires a rule with the rank of law that affects the current Law 37/2007, of November 16. In this sense, the regulatory alternatives that have been proposed consist of making a partial modification of the same or elaborating a new complete text that replaces it.

The allegations must be sent to the email address normativa.tic@correo.gob.es, until 31 July 2020, stating:

• Name and surname/denomination or social reason of the participant
• Organization or association (if applicable)
• Contact (email)