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There is no general EU rule that lets every authority access all business data held by another authority. Whether a public body may receive or use particular data depends on its legal powers, the purpose of the proposed use, the type of information, applicable confidentiality duties, and relevant national or sector-specific rules.
Receiving a copy is not, by itself, permission for every later use or onward disclosure. For a concrete answer, identify the authority, the data, the proposed purpose and the law or agreement under which the information was first shared.
There is no single EU access pass
“Business data” can mean many things: personal information about a business owner or employee, commercially sensitive records, trade secrets, or non-personal operational information. The legal route can differ for each category. The answer can also change depending on whether an authority is carrying out an ordinary public task, investigating an offence, responding to an emergency, or exercising a sector-specific power.
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This means that a previous transfer is an important fact, not the end of the legal analysis. The original transfer may have been lawful for a defined purpose while a different recipient, purpose, or onward disclosure requires separate authority.
Start with the receiving authority’s mandate and purpose
The first question is not simply whether the information is somewhere in the public sector. Ask which authority wants it and what statutory task it is trying to perform. A public body can only use information within the powers and purposes allowed by the law that applies to it. The fact that another authority already possesses the information does not automatically expand the recipient’s mandate.
Then distinguish access from use. A recipient may need to obtain or view a dataset to perform a defined task, but that does not necessarily authorize it to combine the data with other records, make a different decision from it, retain it indefinitely, or pass it to another body. The applicable law and the original sharing instrument may set limits on one or more of those steps.
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In practical terms, assess the proposed action rather than treating “access” as one all-purpose permission. For example, receiving a defined set of records for a specified public task is legally different from making those records broadly available to other authorities for unrelated tasks.
What the Data Governance Act does—and does not do
Regulation (EU) 2022/868, the Data Governance Act, 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 public-sector information automatically available to other authorities, require a public body to permit reuse, or provide a general legal basis for processing personal data.
The DGA’s definition of “reuse” excludes exchanges of data between public sector bodies purely in pursuit of their public tasks. That distinction matters: the Act’s reuse framework should not be mistaken for a general mechanism governing every exchange between public authorities. A public-sector exchange carried out as part of public tasks still needs to be assessed under the legal rules that actually govern the authorities, information, and purpose involved.
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The Act’s definitions also emphasize entitlement. A data holder is identified by reference to the 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. In other words, possession alone is not the same as the legal right to authorize access or use.
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What the Data Act covers instead
Regulation (EU) 2023/2854, the Data Act, addresses certain circumstances in which a public sector body can request data from a private-sector data holder because of an exceptional need. It is a separate route from one authority seeking data already held by another authority. It should not be read as a general right for authorities to obtain another public body’s files.
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The Data Act has applied since 12 September 2025. Its exceptional-need framework is bounded; the existence of that framework does not replace the ordinary need to identify the authority’s powers and the lawful purpose for a request. Nor does it displace separate legal acts that govern access in criminal matters, law enforcement, customs, or taxation.
That boundary is important when a request involves enforcement or revenue functions. A reader should not assume that the general data-sharing framework supplies the governing rules for those matters. The applicable EU and national provisions for the relevant function need to be considered separately.
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Personal data and business confidentiality require separate checks
Personal data
Information about an identifiable person can be personal data even when it appears in a business record—for example, a named employee’s contact details or a sole trader’s identifiable transaction information. The DGA does not itself provide a legal basis for processing personal data. The recipient must identify the basis and comply with the data-protection law that applies to its proposed processing, as well as any relevant sectoral rules.
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The analysis should cover the specific operation being proposed. A legal basis for an initial transfer does not, without more, establish that a recipient may use the information for a new purpose or share it onward. The purpose, data involved, recipient, and relevant rules all matter.
Confidential business information
Non-personal information can still be protected. Trade secrets, commercially sensitive information, and other confidential business records may be subject to EU or national confidentiality rules, sector laws, or conditions in the instrument under which the data were shared. The European Commission’s 2018 communication on business-to-government data collaboration notes that legitimate interests, including trade secrets and commercially sensitive information, should be respected. That communication provides context; it is not a substitute for checking binding law applicable to the particular authority and data.
Before sharing, the relevant bodies should determine whether the information is protected, what disclosure is permitted, and what safeguards or limits apply. The fact that information is non-personal does not make it unrestricted, and the fact that it is held by a public body does not erase applicable confidentiality duties.
A practical method for assessing a proposed access
- Identify the requester. Record the authority seeking the data and the public task, statutory function, or other mandate it invokes. Do not rely only on a general description such as “government” or “the EU.”
- Define the purpose. Specify what the authority intends to do with the information. Distinguish an ordinary public task from enforcement, an emergency, taxation, customs, or another specialized function, because separate regimes may apply.
- Classify the information. Establish whether it contains personal data, confidential business information, trade secrets, sector-regulated data, or a combination. Different parts of a dataset may be governed by different restrictions.
- Trace the legal route and original sharing terms. Identify the law or other instrument that authorized the first authority to collect, hold, or share the information. Check whether it permits this recipient and purpose, and whether it limits onward use, disclosure, retention, or access.
- Check the recipient’s authority independently. Confirm that the receiving body has a legal power to obtain and use the data for the stated task. The first holder’s ability to share is not, on its own, proof that the recipient may use the information as proposed.
- Apply data-protection and confidentiality rules. For personal data, identify the applicable legal basis and obligations. For confidential business material, check the relevant EU or national duties, sector rules, and sharing conditions.
- Set safeguards for what happens next. Determine who may access the information, how it may be used, whether it can be shared further, how long it may be retained, and what security and confidentiality protections are required by the applicable rules.
- Confirm the jurisdiction-specific position. Identify the Member State and any sector involved, then check the provisions that apply there. EU-level frameworks do not establish one identical result for every authority, field, and dataset.
Questions that help distinguish common scenarios
| Question | Why it matters |
|---|---|
| Is the requester a public authority seeking data from another public authority, or from a private data holder? | The DGA’s public-sector reuse framework and the Data Act’s exceptional-need route for certain requests to private holders address different situations; neither is a universal access right. |
| Is the exchange purely to carry out the bodies’ public tasks? | The DGA definition of reuse excludes exchanges between public sector bodies purely in pursuit of their public tasks. That exclusion does not itself authorize the exchange; the relevant powers and rules still need to be identified. |
| Does the information identify a person? | The DGA does not create a personal-data processing basis, so the recipient must assess applicable data-protection law. |
| Could disclosure reveal a trade secret or commercially sensitive information? | Confidentiality duties under EU or national law and other applicable protections remain relevant. |
| Does the purpose involve criminal matters, law enforcement, customs, or taxation? | The Data Act preserves separate legal acts governing these areas; do not treat its exceptional-need framework as replacing them. |
| Will the recipient share, retain, or repurpose the data? | Access for one task does not by itself establish an unrestricted right to onward disclosure or a new use. Check the governing law and sharing terms for each proposed step. |
What a general EU answer cannot decide
Without knowing the Member State, authority, industry, data category, original sharing basis, and proposed purpose, it is not possible to say that a particular recipient may lawfully access a particular dataset. Those facts determine which legal powers and safeguards need to be applied. A conclusion based only on the claim that “another EU authority already has the data” is incomplete.
For an actual proposed transfer, the most useful documents are the relevant authority’s mandate, the legal instrument or agreement governing the original collection and sharing, and the description of the new use. With those in hand, the authorities can assess whether the proposed recipient and purpose are covered, whether personal-data and confidentiality requirements are satisfied, and what restrictions must follow the data.
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