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Texts to 22 Oct 2026

Data Act· Article 32q

Text

Article 32q Data Act as printed in the Council text of 22 October 2026

Principles governing charging for public sector open data

Source Council, 22 October 2026. Article 32q: ST 14756/26, page 104 · pp. 104–106 · exact text page

Article 32q

Its wording is printed below, under Article 32q, heading, (1), (2), (3), (4), (5), (6) and (7).

Article 32q, heading

Principles governing charging for public sector open data

Article 32q(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 or documents of the marginal costs incurred for the reproduction, provision, extensive searches and dissemination of such data or documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information and other information protected by law may be allowed.

Article 32q(2)

(2)

Paragraph 1 shall not apply to the following entities:

Article 32q(2)(a)

(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;

Article 32q(2)(b)

(b)

libraries, including university libraries, museums and archives;

Article 32q(2)(c)

(c)

public undertakings.

Article 32q(3)

(3)

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

Article 32q(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.

Article 32q(5)

(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.

Article 32q(6)

(6)

Charges higher than the charges provided for in paragraphs 1, 4 and 5 may be set out for the re-use of data and documents by very large enterprises. 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 or documents, 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.

Article 32q(7)

(7)

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

Article 32q(7)(a)

(a)

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

Article 32q(7)(b)

(b)

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

Article 32q in the whole Data Act

How each paragraph has changed

Show the statuses
What each text would do to the law in force
Paragraph 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
32qText of the articleheading Adds Added Adds , changed since the proposal Changed Adds Unchanged Adds , changed since 18 Jun Changed Adds , changed since 3 Sep Changed Adds Unchanged 3
1Paragraph 1 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 Adds , added since 3 Sep Added Adds Unchanged 2
2Paragraph 2 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 Adds , added since 3 Sep Added Adds Unchanged 0
3Paragraph 3 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 Adds , added since 3 Sep Added Adds Unchanged 0
4Paragraph 4 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 Adds , added since 3 Sep Added Adds Unchanged 0
5Paragraph 5 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 Adds , added since 3 Sep Added Adds Unchanged 0
6Paragraph 6 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 Adds , added since 3 Sep Added Adds Unchanged 5
7Paragraph 7 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 Adds , added since 3 Sep Added Adds Unchanged 2
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: +Adds adds a provision the law in force lacks— neither the law in force nor the text has it changed from the text before

Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text

What each text does

  1. 19 Nov 2025 Commission proposalCOM(2025) 837 Adds Adds the article. Article 32q in this text
  2. 10 Jun 2026 Council textST 10426/26 Changed Changes the article. Article 32q in this text
  3. 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 32q in this text
  4. 22 Jun 2026 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)CJ72-PR-786818 1 amendment to this article. Amendments in this document
  5. 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 2 amendments to this article. Amendments in this document
  6. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 4 amendments to this article. Amendments in this document
  7. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 5 amendments to this article. Amendments in this document
  8. 3 Sep 2026 Council textST 12535/26 Changed Changes the article. Article 32q in this text
  9. 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 to 7 and changes the article. Article 32q in this text
  10. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 32q in this text

Article 32q: Text of the article

Added by the Commission · changed by the Council on 10 June · changed on 3 September · changed on 2 October

Parliament amendments 3

1 proposes alternative wording and 2 would add wording.

  1. 307 Addition Virginie JoronPfE · IMCO “New Article 3qa. Pseudonymisation and request for consent 1. Where data or documents made available for the purposes of re-use under this Chapter…”

    New Article 3qa.

    Pseudonymisation and request for consent

    1.Where data or documents made available for the purposes of re-use under this Chapter contain personal data, the public sector body shall, before allowing re-use, apply state-of-the-art techniques aimed at preserving and reinforcing privacy protection within the meaning of Article 4 of Regulation (EU) 2016/679, including pseudonymisation, in such a way as to reduce the probability of data being attributed to a specific natural person while preserving their usefulness for the purposes of re-use.

    2.The measures referred to in paragraph 1 shall be designed to protect personal data relating to identifiable natural persons from re-identification, personal data breaches and unlawful use and trade, taking into account the means reasonably likely to be used. The residual risk of re-identification, including through algorithmic methods, shall be assessed and documented.

    3.Where the re-use of personal data requires the consent of the data subject, the public sector body or the competent body shall facilitate the giving, refusal or withdrawal of such consent, including by automated and machine-readable means and, where applicable, through a service provider specialising in enhancing consent and the power to act under Article 2(38)(f). Consent obtained for the objectives of re-use shall be specific to the purposes of the re-use and may not be presumed from the consent given for the initial purpose for which the data were collected.

    4.This Article shall be without prejudice to Regulation (EU) 2016/679, which shall take precedence in the event of conflict and to the conditions applicable to the re-use of certain categories of protected data listed in Section 3.’

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32q
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q a
  2. 310 Addition Virginie JoronPfE · IMCO “Where the re-use by such an enterprise, in particular an enterprise established in a third country or controlled from a third country, may expose…” numbered 6a

    6a.Where the re-use by such an enterprise, in particular an enterprise established in a third country or controlled from a third country, may expose high-value or strategically sensitive data to the extraterritorial application of third-country legislation or may have a detrimental effect on the economic security of the Union or a Member State, the public sector body may, in addition to, or instead of imposing higher charges, make the re-use subject to binding conditions preventing onward transfer, re-identification or misuse, or may restrict re-use to the extent necessary and proportionate to this aim.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32q
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q
  3. 824 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “The supply and re-use of the following shall be free of charge for the user:”

    (7) The supply and re-use of the following shall be free of charge for the user:

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32q
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 7

Paragraph 1

Added by the Council on 2 October

Parliament amendments 2

2 propose alternative wording.

  1. 308 Alternative Virginie JoronPfE · IMCO “carried out in accordance with state-of-the-art techniques for the preservation and reinforcement of privacy”

    (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.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32q(1)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32 q
  2. 821 Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “carried out in accordance with state-of-the-art privacy-preserving and privacy-enhancing techniques”

    (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.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Data Act Article 32q(1)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 1

Paragraph 2

Added by the Council on 2 October

Paragraph 3

Added by the Council on 2 October

Paragraph 4

Added by the Council on 2 October

Paragraph 5

Added by the Council on 2 October

Paragraph 6

Added by the Council on 2 October

Parliament amendments 5

5 propose alternative wording.

By political group; co-sponsored amendments count for each group
TypeGreens/EFAEPPRapporteur
~ Alternative221

By political group

  • ~ Alternative Greens/EFA 2 EPP 2 Rapporteur 1
  1. 31 Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “The Commission shall adopt guidelines to ensure harmonised application of this paragraph, including criteria for calculating charges, avoiding…”

    (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.

    Rapporteurs
    Aura Salla and Marina Kaljurand
    Group
    Rapporteurs
    Targets
    Data Act Article 32q(6)
    Document
    ITRE–LIBE draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 6
  2. 219 Alternative Emil RadevEPP · JURI “The European Commission shall prepare guidelines with the aim of promoting a harmonised system for charging such fees across Member States”

    (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

    Tabled by
    Emil Radev
    Group
    EPP
    Targets
    Data Act Article 32q(6)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q – paragraph 6
  3. 220 Alternative David CormandGreens/EFA · JURI “Where they are able to charge for access and choose to do so, public”

    (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.

    Tabled by
    David Cormand
    Group
    Greens/EFA
    Targets
    Data Act Article 32q(6)
    Document
    JURI amendments 69–296 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 q – paragraph 6
  4. 309 Alternative Sophia KircherEPP · IMCO “The European Commission shall prepare guidelines to promote a harmonised system for charging such fees across Member States.”

    (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.

    Tabled by
    Sophia Kircher
    Group
    EPP
    Targets
    Data Act Article 32q(6)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 6
  5. 822 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “Without prejudice to Article 32r, public”

    (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.

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32q(6)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 6

Paragraph 7

Added by the Council on 2 October

Parliament amendments 2

2 propose alternative wording.

  1. 824 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “The supply and re-use of the following shall be free of charge for the user:”

    Text and details of Amendment 824 under the article

  2. 825 Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “and publicly funded scientific publications”

    (b) research data referred to in point (c) of paragraph 1 of Article 32i and publicly funded scientific publications.

    Tabled by
    Damian Boeselager on behalf of the Verts/ALE Group
    Group
    Greens/EFA
    Targets
    Data Act Article 32q(7)(b)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation 2023/2854 / Article 32q – paragraph 7 – point b

Provisions only Parliament amendments would add or change

1 amendment on 1 unit the Commission proposal leaves unchanged

Paragraph 6a (new)New

  1. 823 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “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…” numbered 6a

    (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.'

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
    Group
    ECR, PfE
    Targets
    Data Act Article 32q – paragraph 6a (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32q – paragraph 6a (new)