This contribution was written for MediaLaws, Media Law Magazine and is available in full form at the following links http://www.medialaws.eu/rivista/verso-lattuazione-della-direttiva-ue-20191024-sul-riutilizzo-degli-open-data-della-pa-nuove-opportunita-per-le-imprese/

Summary 1. A treasure to discover (... by July 17, 2021): the PA's open data. — 2. Preliminary notes on the 'safeguard clause': we take this opportunity to clarify the relationship between access and reuse in the new Directive (EU) 2019/1024. — 3. Subjective scope of application of reuse: the extension to SGEs. — 4. Dynamic and high-value data. — 5. Scientific research data. — 6. Licenses and limitation of exclusive rights. — 7. Gratuity and pricing. — 8. Protection of personal data and commercial secrets. — 9. Conclusion.

1. A treasure to discover (... by July 17, 2021): the PA's open data.

if Data is unanimously referred to as one of the most valuable resources in the current phase of Digital economy globally, however, there is a treasure that lies partially neglected under the eyes of economic operators: these are big data collected by public bodies in the wide range of activities carried out in the exercise of their tasks of general interest.

On the wave of the international movement”Open Data”, since 2003 the European Union has adopted a Directive (n. 2003/98/CE c.d. Public Service Information Directive or “PSI Directive”) which - through minimum harmonization standards - has asked national public bodies First of facilitate reuse and, then, of compulsorily make the PA's 'open data' available, making them reusable by private entities (researchers, developers, businesses, ordinary citizens) who request it for commercial and non-commercial purposes.

Implemented by Italy with Legislative Decree 36/2006 and partially updated in 2013, Directive 2003/98/EC will be fully updated repealed by recast into the new Directive (EU) 2019/1024, which must be transposed by the member countries of the European Union by 17 July 2021.

The approach of the mandatory deadline for transposition represents an important opportunity for our country to Spread the culture of 'open data in the Public Administration' in the codified meaning of art. 1 of the Digital Administration Code (CAD), allowing economic operators to take advantage of thisAsset strategic to create innovative processes, products and services. The indices prepared annually tell us, in fact, that Italy — although in advanced positions in Ranking than Open Data Maturity — does not fully express its potential because it cannot aggregate the demand for open data by the subjects who could most benefit from it, that is, SMEs and innovative start-ups. The mismatch between demand and supply, at national level, derives from insufficient knowledge and the consequent difficulties in implementing harmonized provisions for the reuse of open data pursuant to current Legislative Decree 36/2006.

To bring our country to fully reap the benefits that will derive from the innovations being implemented within next year, it is therefore at this crucial stage to draw the attention of economic operators to the process of transposing the new Directive (EU) 2019/1024. So let's see together the main news coming soon.

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