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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Data Act· Article 20

Text

Article 20 Data Act as printed in the Council text of 22 October 2026

Compensation for making data available under Chapter V

Source Council, 22 October 2026. Article 20: ST 14756/26, page 77 · pp. 77–78 · exact text page

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.

Article 20 in the whole Data Act

How the article has changed

Show the statuses
What each text would do to the law in force
Article Commission19 Nov 2025Council10 Jun 2026Council18 Jun 2026Council3 Sep 2026Council2 Oct 2026Council22 Oct 2026 Parliamentamendments
Compared withlaw in forcethe proposal10 Jun text18 Jun text3 Sep text2 Oct text
20Text of the article Amends Changed Amends Unchanged Amends Unchanged Amends , changed since 18 Jun Changed Amends Unchanged Amends Unchanged 9
Provisions only Parliament would add or change1 unit Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text Not in the law in force or this text In neither text 1

Each text against the law in force: ~Amends amends the law in force— neither the law in force nor the text has it changed from the text before

Each text against the text before it: ~Changed wording changed=Unchanged same as the text before— in neither text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Amends the article. Article 20 in this text
  2. 8 Jun 2026 IMCO draft opinion · Alex Agius Saliba (rapporteur)IMCO-PA-789877 2 amendments to this article. Amendments in this document
  3. 10 Jun 2026 Council textST 10426/26 Unchanged Same as the text before. Article 20 in this text
  4. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 20 in this text
  5. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 2 amendments to this article. Amendments in this document
  6. 27 Jul 2026 ITRE–LIBE amendments 527–776 to the draft reportCJ72-AM-791071 6 amendments to this article. Amendments in this document
  7. 3 Sep 2026 Council textST 12535/26 Changed Changes the article. Article 20 in this text
  8. 2 Oct 2026 Council textST 13886/26 Unchanged Same as the text before. Article 20 in this text
  9. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 20 in this text

Article 20: Text of the article

Changed by the Commission · changed by the Council on 3 September

Parliament amendments 9

3 would delete the provision and 6 propose alternative wording. Deletion amendments come from S&D and Greens/EFA, and from the IMCO rapporteur’s draft opinion.

By political group; co-sponsored amendments count for each group
TypeS&DGreens/EFAEPPRapporteur
− Deletion11·1
~ Alternative1·41

By political group

  • − Deletion S&D 1 Greens/EFA 1 Rapporteur 1
  • ~ Alternative S&D 1 EPP 4 Rapporteur 1

Show

  1. 52 Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the proposed article

    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.

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 20
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 2
  2. 53 Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “way of derogation from paragraph 3 of this Article, a data holder that is a microenterprise or small enterprise”

    4. DataBy holdersway of derogation from paragraph 3 of this Article, a data holder that is a microenterprise or small enterprise shall not be entitled to compensation for making data available in compliance with a request made pursuant to Article 15a(32), 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.;

    Rapporteur
    Alex Agius Saliba
    Group
    Rapporteur
    Targets
    Data Act Article 20
    Document
    IMCO draft opinion
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 4
  3. 257 Deletion David CormandGreens/EFA · IMCO Deletes the proposed article

    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.

    Tabled by
    David Cormand on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 20
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 2
  4. 673 Alternative Jörgen Warborn +1EPP · ITRE–LIBE “The determination or payment of such compensation shall not delay the making of data available to respond to the public emergency.”

    1. Data holders shall make available data necessary to respond to a public emergency pursuant to Article 15a(2) freeand ofshall chargebe entitled to fair compensation in accordance with paragraph 2. 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 determination or payment of such compensation shall not delay the making of data available to respond to the public emergency.

    Tabled by
    Jörgen Warborn, Arba Kokalari
    Group
    EPP
    Targets
    Data Act Article 20
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 1
  5. 674 Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the proposed article

    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.

    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.

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 20
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 2
  6. 675 Alternative Jörgen Warborn +1EPP · ITRE–LIBE “The data holder shall be entitled to fair compensation for making data available in compliance with a request made pursuant to Article 15a(2) or (3).…”

    2. The data holder shall be entitled to fair compensation for making data available in compliance with a request made pursuant to Article 15a(2) or (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.

    Tabled by
    Jörgen Warborn, Arba Kokalari
    Group
    EPP
    Targets
    Data Act Article 20
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 2
  7. 676 Alternative Jörgen Warborn +1EPP · ITRE–LIBE “By way of derogation from paragraph 1 of this Article, a data holder that is a microenterprise, small and medium-sized enterprise may claim and shall…”

    3. By way of derogation from paragraph 1 of this Article, a data holder that is a microenterprise or, small and medium-sized enterprise may claim and shall be entitled to 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.

    Tabled by
    Jörgen Warborn, Arba Kokalari
    Group
    EPP
    Targets
    Data Act Article 20
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 3
  8. 677 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “way of derogation from paragraph 3 of this Article, a data holder that is a mircoenterprise or small enterprise”

    4. DataBy holdersway of derogation from paragraph 3 of this Article, a data holder that is a mircoenterprise or small enterprise 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.;

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 20
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 4
  9. 678 Alternative Jörgen Warborn +1EPP · ITRE–LIBE “in accordance with paragraph 2”

    4. Data holders shall notnevertheless be entitled to fair compensation in accordance with paragraph 2 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.;

    Tabled by
    Jörgen Warborn, Arba Kokalari
    Group
    EPP
    Targets
    Data Act Article 20
    Document
    ITRE–LIBE amendments 527–776 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 4

Provisions only Parliament amendments would add or change

1 amendment on 1 unit the Commission proposal leaves unchanged

Paragraph 2, subparagraph 1a (new)New

  1. 256 Addition Morten Løkkegaard +2Renew · IMCO “Compensation shall include reasonable technical, organisational, legal and personnel costs directly linked to compliance with the request.”

    Compensation shall include reasonable technical, organisational, legal and personnel costs directly linked to compliance with the request.

    Justification

    SMEs should not bear disproportionate costs resulting from mandatory data-sharing obligations.

    Tabled by
    Morten Løkkegaard, Svenja Hahn, Jeannette Baljeu
    Group
    Renew
    Targets
    Data Act Article 20 – paragraph 2 – subparagraph 1 a (new)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 12 / Regulation (EU) 2023/2854 / Article 20 – paragraph 2 – subparagraph 1 a (new)