Amendment 640· Data Act Article 9(1)(b), (5), (6a) and (paragraph2) (new)
+Addition
Text of the amendment
As tabled
Effectnew Parliament proposal instruction expressly deletes existing law
Wording it would add
4b.Article 9 is amended as follows:
paragraph 1 is replaced by the following:
‘Any compensation agreed upon between a data holder and a data recipient for making data available in business-to-business relations shall be non-discriminatory and not exceed the cost incurred listed in paragraph 2 and publicly available prices for comparable data.’;
paragraph 2 point (b) is deleted;
paragraph 5 is replaced by the following:
‘The European Data Innovation Board shall adopt guidelines on the calculation of reasonable compensation.’;
the following paragraph 6a is added:
'Where a competent authority identifies discrepancies in pricing between comparable data categories or systematic prohibitive pricing, it may set price ceilings for such cases. Competent authorities shall offer direct channels for data recipients to bring such cases to their attention’.
Data Act Article 9 with this amendment
Amendment 640 applied to the Commission proposal, no other amendment
Unchanged: (1)
Any compensation agreed upon between a data holder and a data recipient for making data available in business-to-business relations shall be non- discriminatory and reasonable and may include a margin.
When agreeing on any compensation, the data holder and the data recipient shall take into account in particular:
~AmendedUnchanged: (a)
costs incurred in making the data available, including, in particular, the costs necessary for the formatting of data, dissemination via electronic means and storage;
investments in the collection and production of data, where applicable, taking into account whether other parties contributed to obtaining, generating or collecting the data in question.
Unchanged: (3), (4), (5), (6) and (7)
The compensation referred to in paragraph 1 may also depend on the volume, format and nature of the data.
Where the data recipient is an SME or a not-for-profit research organisation and where such a data recipient does not have partner enterprises or linked enterprises that do not qualify as SMEs, any compensation agreed shall not exceed the costs referred to in paragraph 2, point (a).
The Commission shall adopt guidelines on the calculation of reasonable compensation, taking into account the advice of the European Data Innovation Board (EDIB) referred to in Article 42.
This Article shall not preclude other Union law or national legislation adopted in accordance with Union law from excluding compensation for making data available or providing for lower compensation.
The data holder shall provide the data recipient with information setting out the basis for the calculation of the compensation in sufficient detail so that the data recipient can assess whether the requirements of paragraphs 1 to 4 are met.
Struck removed Highlighted added Full text on the Data Act Article 9 page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 9(1)(b), (5), (6a) and (paragraph2) (new).
Cite this amendment
Amendment 640 (Damian Boeselager), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 527–776 to the draft report on COM(2025) 837 (CJ72-AM-791071, PE791.071v01-00, 27 July 2026), pp. 91–92
Link, short form and official text
Amendment 640 (Damian Boeselager), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 527–776 to the draft report on COM(2025) 837 (CJ72-AM-791071, PE791.071v01-00, 27 July 2026), pp. 91–92
ITRE–LIBE Amendment 640 (CJ72-AM-791071), p. 91