Amendment 674· Data Act Article 20
−Deletion
Text of the amendment
As tabled
Wording it would delete
2. The data holder shall be entitled to fair compensation for making data available in compliance with a request made pursuant to Article 15a(3). Such compensation shall cover the technical and organisational costs incurred to comply with the request including, where applicable, the costs of anonymisation, pseudonymisation, aggregation and of technical adaptation, and a reasonable margin. Upon request of the public sector body, the Commission, the European Central Bank or the Union body, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Struck CommissionHighlighted amendment
Data Act Article 20 with this amendment
Amendment 674 applied to the Commission proposal, no other amendment
Unchanged: (1)
Data holders shall make available data necessary to respond to a public emergency pursuant to Article 15a(2) free of charge. The public sector body, the Commission, the European Central Bank or the Union body that has received data shall provide public acknowledgement to the data holder if requested by the data holder.
The data holder shall be entitled to fair compensation for making data available in compliance with a request made pursuant to Article 15a(3). Such compensation shall cover the technical and organisational costs incurred to comply with the request including, where applicable, the costs of anonymisation, pseudonymisation, aggregation and of technical adaptation, and a reasonable margin. Upon request of the public sector body, the Commission, the European Central Bank or the Union body, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Unchanged: (3)
By way of derogation from paragraph 1 of this Article, a data holder that is a microenterprise or small enterprise may claim compensation for making data available in response to a request under Article 15a(2), according to the conditions set in paragraph 2 of this Article.
Data holders shall not be entitled to compensation for making data available in compliance with a request made pursuant to Article 15a(3), where the specific task carried out in the public interest is the production of official statistics and where the purchase of data is not allowed by national law. Member States shall notify the Commission where the purchase of data for the production of official statistics is not allowed by national law.’;
Struck removed Highlighted added Full text on the Data Act Article 20 page
Justification
The provision is deleted as it risks creating an additional compensation mechanism that may limit effective access to data by public sector bodies, the Commission, the European Central Bank and Union bodies. The Data Act already provides a framework for fair and proportionate compensation where applicable, and introducing a separate right to compensation, including a reasonable margin, could create uncertainty and increase barriers to data access. Costs directly linked to making data available may be addressed through existing safeguards, without incentivising excessive charges or undermining the objective of ensuring access to data for public interest purposes.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
Article 20 Compensation for making data available under Chapter V 1. Data holders shall make available data necessary to respond to a public emergency pursuant to Article 15a(2) free of charge. The public sector body, the Commission, the European Central Bank or the Union body that has received data shall provide public acknowledgement to the data holder if requested by the data holder. 2. The data holder shall be entitled to fair compensation for making data available in compliance with a request made pursuant to Article 15a(3). Such compensation shall cover the technical and organisational costs incurred to comply with the request including, where applicable, the costs of anonymisation, pseudonymisation, aggregation and of technical adaptation, and a reasonable margin. Upon request of the public sector body, the Commission, the European Central Bank or the Union body, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin. 3. By way of derogation from paragraph 1 of this Article, a data holder that is a microenterprise or small enterprise may claim compensation for making data available in response to a request under Article 15a(2), according to the conditions set in paragraph 2 of this Article. 4. Data holders shall not be entitled to compensation for making data available in compliance with a request made pursuant to Article 15a(3), where the specific task carried out in the public interest is the production of official statistics and where the purchase of data is not allowed by national law. Member States shall notify the Commission where the purchase of data for the production of official statistics is not allowed by national law.
Council text of 22 October 2026ST 14756/26
Article 20 Compensation for making data available under Chapter V 1. Data holders shall make available data necessary to respond to a public emergency pursuant to Article 15a(2) free of charge. The public sector body, the Commission, the European Central Bank or the Union body that has received data shall provide public acknowledgement to the data holder if requested by the data holder. 2. The data holder shall be entitled to fair compensation for making data available in compliance with a request made pursuant to Article 15a(3). Such compensation shall cover the technical and organisational costs incurred to comply with the request including, where applicable, the costs of anonymisation, pseudonymisation, aggregation and of technical adaptation, and a reasonable margin. Upon request of the public sector body, the Commission, the European Central Bank or the Union body, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin. 3. By way of derogation from paragraph 1 of this Article, a data holder that is a microenterprise or small enterprise may claim compensation for making data available in response to a request under Article 15a(2), according to the conditions set in paragraph 2 of this Article. 4. Data holders shall not be entitled to compensation for making data available in compliance with a request made pursuant to Article 15a(2) or 15a(3), where the statutory duty carried out in the public interest is the production of official statistics and where the purchase of data is not allowed by national law. Member States shall notify the Commission where the purchase of data for the production of official statistics is not allowed by national law.
Cite this amendment
Amendment 674 (Elena Sancho Murillo and others), 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. 114–115
Link, short form and official text
Amendment 674 (Elena Sancho Murillo and others), 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. 114–115
ITRE–LIBE Amendment 674 (CJ72-AM-791071), p. 114