Guiding Questions
Purpose: Clearly define the purpose, structure, and legal characteristics of the data space.
Determining the Organisational Form
1.1. Permanence & Stability
Should the initiative be established as a permanent entity or as a temporary (multi-year) collaboration?
What is the anticipated lifetime and scale of the initiative
How should the organisational form balance flexibility and stability?
1.2. Legal Personality
Should the initiative have a distinct legal personality?
What are the advantages or constraints of becoming an incorporated entity (e.g., association, foundation, limited liability company)?
1.3. Profit vs Non-Profit Orientation
Is the initiative designed to generate profit, or is it primarily aimed at non-profit sustainability outcomes?
How will generated revenue (if any) be managed and reinvested?
1.4. Country and Jurisdiction
In which EU country should the initiative be legally established?
What regulatory, tax, or operational benefits does this jurisdiction provide?
1.5. Level of Participant Involvement
How much direct involvement do the initial consortium members want in the daily governance and operational management?
What degree of autonomy should the governance authority have from its founding members?
How can participant involvement in governance be maximized without slowing decision-making?
1.6. Options for Organisational Form
Temporal existence
Data space is a temporary establishment, although it may exist for several years. The termination is pre-determined by the founding agreement.
Data space is a permanent establishment, its termination is not pre-determined by the founding agreement.
Legal personality
Data space is not a legal person.
Data space is a legal person, separate from its members.
Ability to enter into contracts
Data space cannot conclude contracts with third parties in its own name. Only members can conclude contracts.
Data space can conclude contracts in its own name with third parties.
Ownership of property
All property is owned and disposed of by members, individually or jointly.
Data space owns (intellectual) property and disposes of it.
Liability
Members are liable for their actions. Data space cannot bear any liability.
Data space bears liability for the actions of its governance bodies.
Complexity of the founding agreement
The founding agreement is a highly complex document regulating various aspects of relationships between members.
The founding agreement is fairly simple document establishing the data space and regulating only certain monetary relationships between the data space and its members.
Control over the data space
Members are in complete control of the data space.
Data space is in control of itself through its governance bodies.
Addition of new members
The process requires consent of all existing members and re-negotiation of the founding agreement.
The process varies depending on the legal form, but usually does not require re-negotiation of the founding agreement.
Define the roles, structure, and operation of the governance authority clearly.
Establishing the Governance Authority
2.1. Governance Bodies
What governance bodies are necessary (e.g., Council of Participants, Supervisory Board, Change Advisory Board)?
How will these bodies be structured, and what are their specific roles?
Which processes ensure continuous improvement of governance structures?
2.2. Decision-making Processes
How will decisions be taken within governance bodies (consensus, majority voting, etc.)?
How will transparency and accountability in decision-making be ensured?
How can rules and procedures remain transparent and accessible to participants?
How can governance updates be effectively communicated and enforced?
2.3. Operational Management
Who is responsible for the day-to-day management and operational activities?
What reporting or accountability mechanisms are required for operational oversight?
2.4. Dispute Resolution & Compliance
How will conflicts between participants be addressed and resolved?
Who ensures compliance with internal and external regulations (GDPR, CSRD, EPBD, etc.)?
2.5. Continuous Improvement and Adaptation
How will the governance authority adapt to changing requirements or scaling of the data space
What procedures are in place for updating governance structures or policies?
Define internal rules, policies, and guidelines that govern participant interactions within the data space.
3. Creation of the Governance Framework
3.1. Founding Agreements
What fundamental agreements underpin the governance structure?
How detailed are founding agreements regarding roles, responsibilities, liabilities, and rights?
3.2. Terms and Conditions for Participants
What specific terms must participants agree to for engaging with the data space?
How do these terms reflect compliance with EU regulations?
3.3. Internal Policies and Procedures
What internal operational policies and procedures are necessary?
How will these policies be created, reviewed, and approved?
3.4. Technical Specifications & Requirements
Which technical standards and specifications (APIs, semantic models, connectors, security protocols) are adopted and enforced?
How will technical standards evolve over time?
3.5. Documentation and Accessibility
How will all internal rules and guidelines be documented?
In what formats (human-readable, machine-readable) will these documents be accessible?
These questions facilitate active stakeholder engagement in the governance design process.
4. Additional Strategic Questions for Co-Creation
Do stakeholders prefer an incorporated or unincorporated organisational form, and why?
What legal or operational constraints exist that might influence the choice of organisational form?
How will the governance structure ensure representation and accountability of all participant groups?
What processes will be used for onboarding new members or adjusting roles and responsibilities?
What governance mechanisms will ensure ongoing compliance with evolving regulatory requirements?
How will decisions within the governance authority be made, monitored, and reviewed over time?
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