Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 32q

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 6 parts · 3 Council drafts · 12 Parliament amendments

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Institutional text

European Commission proposal

All Commission’s changes to Data Act

The 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 32q

Principles governing charging for open government data

  1. 1.

    The re-use of data or documents within the scope of this Section shall be free of charge. However, the recovery by the public sector body holding the data of the marginal costs incurred for the reproduction, provision and dissemination of such data or documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information may be allowed.

  2. 2.

    Paragraph 1 shall not apply to the following entities:

    1. (a)

      public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks;

    2. (b)

      libraries, including university libraries, museums and archives;

    3. (c)

      public undertakings.

  3. 3.

    Member States shall publish online a list of the public sector bodies referred to in paragraph 2, point (a).

  4. 4.

    In the cases referred to in paragraph 2, points (a) and (c), the total charges shall be calculated in accordance with objective, transparent and verifiable criteria. Such criteria shall be laid down by Member States. The total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of their collection, production, reproduction, dissemination and data storage, together with a reasonable return on investment, and where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information. Charges shall be calculated in accordance with the applicable accounting principles.

  5. 5.

    Where charges are made by the public sector bodies referred to in paragraph 2, point

    1. (b)

      , the total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction, dissemination, data storage, preservation and rights clearance and, where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information, together with a reasonable return on investment. Charges shall be calculated in accordance with the accounting principles applicable to the public sector bodies involved.

  6. 6.

    Public sector bodies may set out higher charges for the re-use of data and documents by very large enterprises than the charges provided for in paragraphs 1, 4 and 5. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment.

  7. 7.

    The re-use of the following shall be free of charge for the user:

    1. (a)

      subject to Article 32v paragraph (3), (4) and (5), the high-value datasets, as listed in accordance with paragraph 1 of that Article;

    2. (b)

      research data referred to in point (c) of paragraph 1 of Article 32i.

Commission source wording and instructions

Article 32q

Commission proposal

Article 32q Principles governing charging for open government data (1) The re-use of data or documents within the scope of this Section shall be free of charge. However, the recovery by the public sector body holding the data of the marginal costs incurred for the reproduction, provision and dissemination of such data or documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information may be allowed. (2) Paragraph 1 shall not apply to the following entities: (a) public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks; (b) libraries, including university libraries, museums and archives; (c) public undertakings. (3) Member States shall publish online a list of the public sector bodies referred to in paragraph 2, point (a). (4) In the cases referred to in paragraph 2, points (a) and (c), the total charges shall be calculated in accordance with objective, transparent and verifiable criteria. Such criteria shall be laid down by Member States. The total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of their collection, production, reproduction, dissemination and data storage, together with a reasonable return on investment, and where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information. Charges shall be calculated in accordance with the applicable accounting principles. (5) Where charges are made by the public sector bodies referred to in paragraph 2, point (b), the total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction, dissemination, data storage, preservation and rights clearance and, where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information, together with a reasonable return on investment. Charges shall be calculated in accordance with the accounting principles applicable to the public sector bodies involved. (6) Public sector bodies may set out higher charges for the re-use of data and documents by very large enterprises than the charges provided for in paragraphs 1, 4 and 5. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment. (7) The re-use of the following shall be free of charge for the user: (a) subject to Article 32v paragraph (3), (4) and (5), the high-value datasets, as listed in accordance with paragraph 1 of that Article; (b) research data referred to in point (c) of paragraph 1 of Article 32i.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 32q

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32q Principles governing charging for public sector open data

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.

Alternative wording Amendment 31 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(6) Public sector bodies shall set out higher charges for the re-use of data and documents for entities designated as gatekeepers in accordance with Article 3(1) of Regulation (EU) 2022/1925 other than the charges provided for in paragraphs 1, 4 and 5 of this Article. Public sector bodies may also set out higher charges for the re-use of data and documents by very large enterprises than the charges provided for in paragraphs 1, 4 and 5 of this Article. Any such charges shall be proportionate and based on objective criteria, takingand shall be transparent, non-discriminatory, and subject to effective review. They shall take into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment. The Commission shall adopt guidelines to ensure harmonised application of this paragraph, including criteria for calculating charges, avoiding arbitrary discrimination and protecting access for SMEs, researchers, civil society, public-interest actors and non-commercial re-users.
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Alternative wording Amendment 219 · Emil Radev JURI
(6) Public sector bodies may set out higher charges for the re-use of data and documents by very large enterprises with a designation as a gatekeeper under Regulation (EU) 2022/1925 other than the charges provided for in paragraphs 1, 4 and 5. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment. The European Commission shall prepare guidelines with the aim of promoting a harmonised system for charging such fees across Member States
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q – paragraph 6

Alternative wording Amendment 220 · David Cormand JURI
(6) PublicWhere they are able to charge for access and choose to do so, public sector bodies may set out higher charges for the re-use of data and documents by very large enterprises than the charges provided for in paragraphs 1, 4 and 5. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q – paragraph 6

Additional proposed wording Amendment 307 · Virginie Joron IMCO

New Article 3qa.

Pseudonymisation and request for consent

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q a

Alternative wording Amendment 308 · Virginie Joron IMCO
(1) The re-use of data or documents within the scope of this Section shall be free of charge. However, the recovery by the public sector body holding the data of the marginal costs incurred for the reproduction, provision and dissemination of such data or documents as well as for anonymisation of personal data, carried out in accordance with state-of-the-art techniques for the preservation and reinforcement of privacy, and measures taken to protect commercially confidential information may be allowed.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32 q

Alternative wording Amendment 309 · Sophia Kircher IMCO
(6) Public sector bodies may set out higher charges for the re-use of data and documents by very large enterprises with a designation as a gatekeeper under Regulation (EU) 2022/1925 other than the charges provided for in paragraphs 1, 4 and 5. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment. The European Commission shall prepare guidelines to promote a harmonised system for charging such fees across Member States.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 6

Additional proposed wording Amendment 310 · Virginie Joron IMCO
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q

Alternative wording Amendment 821 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(1) The re-use of data or documents within the scope of this Section shall be free of charge. However, the recovery by the public sector body holding the data of the marginal costs incurred for the reproduction, provision and dissemination of such data or documents as well as for anonymisation of personal data, carried out in accordance with state-of-the-art privacy-preserving and privacy-enhancing techniques, and measures taken to protect commercially confidential information may be allowed.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 1

Alternative wording Amendment 822 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(6) PublicWithout prejudice to Article 32r, public sector bodies may set out higher charges for the re-usesupply of data and documents by very large enterprises than the charges provided for in paragraphs 1, 4 and 5. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment.
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 6

Additional proposed wording Amendment 823 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

(6a) In Article 32q, the following paragraph is inserted:

Where the re-use by such an enterprise, in particular one established in or controlled from a third country, would be likely to expose high-value or strategically sensitive data to the extraterritorial application of a third-country law or to harm the economic security of the Union or of a Member State, the public sector body may, in addition to or instead of higher charges, make the re-use subject to binding conditions preventing onward transfer, re-identification or misuse, or restrict it to the extent necessary and proportionate to that objective.'

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 6a (new)

Alternative wording Amendment 824 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 7

Alternative wording Amendment 825 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
(b) research data referred to in point (c) of paragraph 1 of Article 32i and publicly funded scientific publications.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32q – paragraph 7 – point b