LAW OF THE REPUBLIC OF MOLDOVA

of May 22, 2025 No. 109

About open data and reuse of information of the public sector

The parliament adopts this organic law. This law partially shifts the Directive of the European parliament and Council (EU) 2019/1024 about open data and reuse of information of the public sector of June 20, 2019, published in the Official log of the European Union by L 172 of June 26, 2019, CELEX: 32019L1024.

Chapter I. General provisions

Article 1. Law purpose

The purpose of this law is establishment of uniform minimum rules for commercial and non-commercial reuse of information of the public sector.

Article 2. Subject and scope

(1) This law regulates the legal base of reuse of information which is in the ownership of bodies of the public sector and the public companies which created it during the activities including for the purpose of development of new information products and services and also practical methods of simplification of reuse:

1) the existing information being in ownership of bodies of the public sector;

2) the existing information being in ownership of the public companies, which:

b) perform activities as operators of public services according to article 78 of the Code of rail transport No. 19/2022;

c) perform activities as the air carriers fulfilling obligations on rendering public services according to the Aviation code;

3) information obtained as a result of research activities, in accordance with the terms, stipulated in Article 12.

(2) This law is not applied:

1) to information which provision is the activities which are beyond the public task of relevant organs of the public sector determined by regulations;

2) to information which is in ownership of the public companies:

a) made outside provision of services of general interest, determined according to the law;

3) to information concerning which the third parties have intellectual property rights;

4) to information, such as the vulnerable data or data carried to the state secret, access to which is excluded according to the access modes established by the law, including for the following reasons:

a) protection in the field of national defense, economy, science and technology, the external relations, state security, providing law and order, in sphere of activity of bodies of the public power, unauthorized disclosure or loss of which can cause damage to interests and/or safety of the Republic of Moldova;

b) maintaining confidentiality of statistical data;

c) protection of commercial confidentiality, including trade, professional or production secret;

5) to information, access to which is excluded or limited for the reasons connected with vulnerable data on protection of critical infrastructure, certain article 3 of the Law on warning and fight against terrorism No. 120/2017;

6) to information, access to which is limited according to access modes according to the law, including cases when citizens or legal subjects prove special interest in gaining access to information;

7) to logos, the coats of arms and signs;

8) to information, access to which is excluded or limited according to access modes for the reasons connected with personal data protection which reuse is determined by the law as incompatible with the legislation on protection of physical persons concerning personal data processing or as causing damage to protection of private life and integrity of the personality, in particular, according to the legislation on personal data protection;

9) to information to which according to the law it is possible to receive access / which it is possible to obtain only on condition of identification of person requesting information;

10) to information which is in ownership of the public organizations of broadcasting and their branches the, and also other organizations or their branches providing public service of broadcasting;

11) to information which is in ownership of cultural institutions except libraries, including university libraries, the museums and archives;

12) to information which is in ownership of organizations of douniversitetsky education and institutions of higher education, except for information stipulated in Item 3) parts (1);

13) to information, other what specified in Item 3) to part (1), being in ownership of the organizations performing research activities or the organizations financing research activities including the organizations created for transfer of results of researches.

(3) This law is based on the access modes provided by the law and does not cause them damage.

(4) This law does not cause damage to the national legal system on personal data protection.

(5) the Obligations imposed according to this law are applied only in that degree in what they are compatible to provisions of international treaties on protection of intellectual property rights which party is the Republic of Moldova.

(6) the Right of the author of the database provided by part (1) article 48 of the Copyright law and the related rights No. 230/2022, cannot be performed by bodies of the public sector for preventing to reuse of information or for restriction of reuse beyond the limits established by this law.

(7) This law regulates reuse of the existing information which is in ownership of bodies of the public sector and the public companies including information to which provisions of the Law on national infrastructure of space data No. 254/2016 are applied.

Article 3. Concepts

For the purposes of this law the following concepts are used:

1) anonymization - process of change of information on anonymous, not belonging to the identified or identifiable physical person, or process of conversion of personal data in anonymous in such a way that the corresponding person cannot be identified or cannot be identifiable any more;

2) data - set of the facts, values or observations fixed on any medium or in any format;

3) personal data - in the value determined by the Marine life protection act of personal data No. 195/2024;

4) open data - the data available on free basis, in format of the automated processing which can be freely used, reused, changed and widespread any person for any purposes with observance of the conditions provided by the standard license;

5) dynamic data - data in digital format which are subject to frequent updates or updates in real time;

6) the data obtained as a result of researches - the data in digital format which are not scientific publications, collected or received during research activities and used as proofs in the course of the research or commonly accepted in research community as necessary for confirmation of outputs and results of researches;

7) format of the automated processing - the file format structured so that to allow the software it is easy to identify, distinguish and retrieve specific data, including individual actual statements and their inner pattern;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info