Data Act · Regulation (EU) 2023/2854
Article 20
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 2 parts · 3 Council drafts · 10 Parliament amendments
Removed wording is struck through; added or replacement wording is highlighted.
Institutional text
European Commission proposal
All Commission’s changes to Data ActThe wording proposed by the Commission at the start of this legislative file.
Full article with Commission changes
Article with proposed changes
Official consolidated text dated 13 December 2023, with the Commission proposal change affecting this article applied.
Article 20
Compensation in cases of an exceptional need
-
Compensation for making data available under Chapter V
- 1.
Data holders
other than microenterprises and small enterprisesshall make available data necessary to respond to a public emergency pursuant to Article1515a(12), point (a),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
1515a(1), point (b3). 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.
ParagraphBy2wayshallofalsoderogationapplyfromwhereparagraph 1 of this Article, a data holder that is a microenterpriseandor small enterpriseclaimsmay 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
1515a(1), point (b3), 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.’; - 5.
Where the public sector body, the Commission, the European Central Bank or the Union body disagrees with the level of compensation requested by the data holder, they may lodge a complaint with the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
No standalone Commission wording is mapped to this tracked part. A newly proposed provision may have no earlier text of its own.
Commission source wording and instructions
Article 20
Commission proposal
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.
Institutional text
Council Presidency texts
Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.
No Council wording is mapped to this tracked part.
Article in June Presidency compromise · 10 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 10 June (10 June 2026)
Article 20
Compensation in cases of an exceptional need
-
Compensation for making data available under Chapter V
- 1.
Data holders
other than microenterprises and small enterprisesshall make available data necessary to respond to a public emergency pursuant to Article1515a(12), point (a),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
1515a(1), point (b3). 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.
ParagraphBy2wayshallofalsoderogationapplyfromwhereparagraph 1 of this Article, a data holder that is a microenterpriseandor small enterpriseclaimsmay 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
1515a(1), point (b3), 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.’; - 5.
Where the public sector body, the Commission, the European Central Bank or the Union body disagrees with the level of compensation requested by the data holder, they may lodge a complaint with the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 20
June Presidency compromise · 10 June
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.
Article in June Presidency compromise · 18 June Council text
Comparison basis: Existing law (13 December 2023) compared with June Presidency compromise · 18 June (18 June 2026)
Article 20
Compensation in cases of an exceptional need
-
Compensation for making data available under Chapter V
- 1.
Data holders
other than microenterprises and small enterprisesshall make available data necessary to respond to a public emergency pursuant to Article1515a(12), point (a),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
1515a(1), point (b3). 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.
ParagraphBy2wayshallofalsoderogationapplyfromwhereparagraph 1 of this Article, a data holder that is a microenterpriseandor small enterpriseclaimsmay 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
1515a(1), point (b3), 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.’; - 5.
Where the public sector body, the Commission, the European Central Bank or the Union body disagrees with the level of compensation requested by the data holder, they may lodge a complaint with the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 20
June Presidency compromise · 18 June
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.
Article in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 20
Compensation in cases of an exceptional need
- 1.
Data holders other than microenterprises and small enterprises shall make available data necessary to respond to a public emergency pursuant to Article 15(1), point (a), 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 15(1), point (b). 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.
Paragraph 2 shall also apply where a microenterprise and small enterprise claims compensation for making data available. - 4.
Data holders shall not be entitled to compensation for making data available in compliance with a request made pursuant to Article 15(1), point (b), 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. - 5.
Where the public sector body, the Commission, the European Central Bank or the Union body disagrees with the level of compensation requested by the data holder, they may lodge a complaint with the competent authority designated pursuant to Article 37 of the Member State where the data holder is established. -
Compensation for making data available under Chapter V 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. 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(2) or 15a(3), where the specifie tnskstatutory 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
September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 20 Compensation for making data available under Chapter V 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. 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(2) or 15a(3), where the specifie tnskstatutory 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 3 Council drafts
Article 20
10 June 2026 · June Presidency compromise · 10 June
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.
Article 20
18 June 2026 · June Presidency compromise · 18 June
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.
Article 20
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 20 Compensation for making data available under Chapter V 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. 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(2) or 15a(3), where the specifie tnskstatutory 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.';"
Competing proposals
European Parliament amendments
These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.
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Political group at the amendment date where available; otherwise the current Parliament affiliation.
Remove proposed wording Amendment 52 IMCO draft opinion · Alex Agius Saliba (rapporteur)
against:
Article 20
Compensation infor casesmaking ofdata anavailable exceptionalunder needChapter V
- 1.
Data holders
other than microenterprises and small enterprisesshall make available data necessary to respond to a public emergency pursuant to Article1515a(12), point (a),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 15(1), point (b). 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.
ParagraphBy2wayshallofalsoderogationapplyfromwhereparagraph 1 of this Article, a data holder that is a microenterpriseandor small enterpriseclaimsmay 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.
DataByholdersway 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 Article1515a(1), point (b2), 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.; - 5.
Where the public sector body, the Commission, the European Central Bank or the Union body disagrees with the level of compensation requested by the data holder, they may lodge a complaint with the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 20
Compensation for making data available under Chapter V
-
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.
’;
Alternative wording Amendment 53 IMCO draft opinion · Alex Agius Saliba (rapporteur)
against:
Article 20
Compensation infor casesmaking ofdata anavailable exceptionalunder needChapter V
- 1.
Data holders
other than microenterprises and small enterprisesshall make available data necessary to respond to a public emergency pursuant to Article1515a(12), point (a),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 15(1), point (b). 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.
ParagraphBy2wayshallofalsoderogationapplyfromwhereparagraph 1 of this Article, a data holder that is a microenterpriseandor small enterpriseclaimsmay 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.
DataByholdersway 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 Article1515a(1), point (b2), 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.; - 5.
Where the public sector body, the Commission, the European Central Bank or the Union body disagrees with the level of compensation requested by the data holder, they may lodge a complaint with the competent authority designated pursuant to Article 37 of the Member State where the data holder is established.
Article 20
Compensation for making data available under Chapter V
-
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.
DataByholdersway 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.’;
Additional proposed wording Amendment 256 · Morten Løkkegaard, Svenja Hahn, Jeannette Baljeu IMCO
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.
against:
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.
Compensation shall include reasonable technical, organisational, legal and personnel costs directly linked to compliance with the request.
- 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.’;
Remove proposed wording Amendment 257 · David Cormand on behalf of the Verts/ALE Group IMCO
against:
Article 20
Compensation for making data available under Chapter V
-
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.
’;
Alternative wording Amendment 673 · Jörgen Warborn, Arba Kokalari ITRE · LIBE
against:
Article 20
Compensation for making data available under Chapter V
-
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 dataand shallprovidebepublic acknowledgemententitled tothefairdatacompensationholderinifaccordancerequestedwithby the data holder.paragraph - 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 thepublic sector body, the Commission, the European Central Bank or the Union body,that has received data shall provide public acknowledgement to the data holdershallifproviderequestedinformation onby thebasisdataforholder. The determination or payment of such compensation shall not delay thecalculationmaking ofthedatacostsavailableandto respond to thereasonablepublicmarginemergency. - 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.
’;
Remove proposed wording Amendment 674 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
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.
against:
Article 20
Compensation for making data available under Chapter V
-
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.
’;
Alternative wording Amendment 675 · Jörgen Warborn, Arba Kokalari ITRE · LIBE
against:
Article 20
Compensation for making data available under Chapter V
-
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(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.
- 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.
’;
Alternative wording Amendment 676 · Jörgen Warborn, Arba Kokalari ITRE · LIBE
against:
Article 20
Compensation for making data available under Chapter V
-
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 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. - 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.
’;
Alternative wording Amendment 677 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
against:
Article 20
Compensation for making data available under Chapter V
-
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.
DataByholdersway 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.’;
Alternative wording Amendment 678 · Jörgen Warborn, Arba Kokalari ITRE · LIBE
against:
Article 20
Compensation for making data available under Chapter V
-
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
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.’;
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Article 20
European Commission proposal → Council Presidency text · ST 10426/26
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European Commission proposal
Council Presidency text · ST 10426/26
Article 20
Council Presidency text · ST 10426/26 → Council Presidency text · ST 10677/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10426/26
Council Presidency text · ST 10677/26
Article 20
Council Presidency text · ST 10677/26 → Council Presidency text · ST 12535/26
Changes in context
RemovedAdded
Both texts in full
Council Presidency text · ST 10677/26
Council Presidency text · ST 12535/26
Article 20
Wording reproduced in the amendment → Amendment 673 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 673 · ITRE–LIBE amendments 527–776 to the draft report
Article 20
Wording reproduced in the amendment → Amendment 674 · ITRE–LIBE amendments 527–776 to the draft report: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 674 · ITRE–LIBE amendments 527–776 to the draft report: removal
This wording is removed.
Article 20
Wording reproduced in the amendment → Amendment 675 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 675 · ITRE–LIBE amendments 527–776 to the draft report
Article 20
Wording reproduced in the amendment → Amendment 676 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 676 · ITRE–LIBE amendments 527–776 to the draft report
Article 20
Wording reproduced in the amendment → Amendment 677 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 677 · ITRE–LIBE amendments 527–776 to the draft report
Article 20
Wording reproduced in the amendment → Amendment 678 · ITRE–LIBE amendments 527–776 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 678 · ITRE–LIBE amendments 527–776 to the draft report
Article 20
Wording reproduced in the amendment → Amendment 257 · IMCO amendments 125–328 to the draft opinion: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 257 · IMCO amendments 125–328 to the draft opinion: removal
This wording is removed.
Article 20
Wording reproduced in the amendment → Amendment 52 · IMCO draft opinion · Alex Agius Saliba (rapporteur): removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 52 · IMCO draft opinion · Alex Agius Saliba (rapporteur): removal
This wording is removed.
Article 20
Wording reproduced in the amendment → Amendment 53 · IMCO draft opinion · Alex Agius Saliba (rapporteur)
Changes in context
RemovedAdded