Municipal enterprises in the regime of the Data Use Act

In the context of local enterprises, the ability to mine data resources within and between organisations is becoming a critical aspect of the business model. In addition, the question of whether third parties should be allowed to use these data resources is an important point of consideration. The normative scope is determined by European and national regulations. The Open Data PSI Directive and its national implementation, the Data Use Act (DNG), establish two different legal regimes. Public bodies are subject to stricter rules than so-called public service companies. However, the essential question of which local enterprises are considered public service enterprises within the scope of the DNG and which are to be classified as public bodies remains partially unanswered by the DNG. This project will develop solutions to this problem.