EUTechRegResearch
MenuClose menu
Digital Omnibus legislative tracker
Texts to 22 Oct 2026

Data Act· Article 32y

Text

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

Fees for the re-use of certain categories of protected data

Source Council, 22 October 2026. Article 32y: ST 14756/26, page 116 · Article 32y · pp. 116–117 · exact text page

Article 32y

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

Article 32y, heading

Fees for the re-use of certain categories of protected data

Article 32y(1)

(1)

Public sector bodies which allow re-use of certain categories of protected data may charge fees for allowing the re-use of such data.

Article 32y(2)

(2)

Where fees are charged, Member States shall take measures to provide incentives for the re-use of certain categories of protected data for non-commercial purposes, such as scientific research purposes, and by start-ups, SMEs and SMCs in accordance with Union State aid rules. In that regard, public sector bodies may make the data available at a discounted fee or free of charge, in particular to start-ups, SMEs and SMCs, civil society, research and educational establishments. To that end, a list of categories of re-users to which data for re-use is made available at a discounted fee or free of charge may be established. That list, together with the criteria used to establish it, shall be made public.

Article 32y(3)

(3)

Any fees shall be derived from the costs related to conducting the procedure for requests for the re-use of certain categories of protected data and limited to the necessary costs in relation to:

Article 32y(3)(a)

(a)

the reproduction, provision and dissemination of data;

Article 32y(3)(b)

(b)

the clearance of rights;

Article 32y(3)(c)

(c)

anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3);

Article 32y(3)(d)

(d)

the maintenance of the secure processing environment;

Article 32y(3)(e)

(e)

the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and

Article 32y(3)(f)

(f)

assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such re-use.

Article 32y(4)

(4)

The criteria and methodology for calculating fees shall be laid down by the Member States and published. The public sector body shall publish a description of the main categories of costs and the rules used for the allocation of costs.

Article 32y(5)

(5)

Public sector bodies may charge higher fees than those allowed in accordance with paragraph 2 and 3 of this Article with respect to very large enterprises, 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. Any such calculated fees shall be proportionate. In addition to the elements listed in paragraph 3 of this Article, they can cover the cost of collection and production of the data, together with a reasonable return on investment.

Article 32y 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
32yText of the articleheading Adds Added Adds , changed since the proposal Changed Adds , changed since 10 Jun Changed Adds , changed since 18 Jun Changed Adds , changed since 3 Sep Changed Adds Unchanged 2
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 0
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 1
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 2
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

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 32y in this text
  2. 10 Jun 2026 Council textST 10426/26 Changed Changes the article. Article 32y in this text
  3. 18 Jun 2026 Council textST 10677/26 Changed Changes the article. Article 32y in this text
  4. 16 Jul 2026 IMCO amendments 125–328 to the draft opinionIMCO-AM-790905 2 amendments to this article. Amendments in this document
  5. 27 Jul 2026 ITRE–LIBE amendments 777–1052 to the draft reportCJ72-AM-791072 3 amendments to this article. Amendments in this document
  6. 3 Sep 2026 Council textST 12535/26 Changed Changes the article. Article 32y in this text
  7. 2 Oct 2026 Council textST 13886/26 Changed Adds paragraphs 1 to 5 and changes the article. Article 32y in this text
  8. 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 32y in this text

Article 32y: Text of the article

Added by the Commission · changed by the Council on 10 June · changed on 18 June · changed on 3 September · changed on 2 October

Parliament amendments 2

2 would add wording.

  1. 324 Addition Virginie JoronPfE · IMCO “provide technical support in relation to anonymisation, pseudonymisation and state-of-the-art methods to preserve privacy, including encryption and…”

    (ea)provide technical support in relation to anonymisation, pseudonymisation and state-of-the-art methods to preserve privacy, including encryption and secure processing environments, not only for personal data but also for confidential business information, paying particular attention to the residual risk of re-identification, taking into account the means reasonably likely to be used;

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32y
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 y
  2. 325 Addition Virginie JoronPfE · IMCO “Member States shall remain responsible for establishing and operating a single, integrated national reporting portal for all statutory reporting…” numbered 5a

    5a.Member States shall remain responsible for establishing and operating a single, integrated national reporting portal for all statutory reporting obligations, including, as a minimum, notifications under the Cyber Resilience Act (CRA), the NIS 2 Directive, the CER Directive, the DORA Regulation, the eIDAS Regulation and the GDPR.

    Those national reporting portals are designed to be interoperable on the basis of uniform functional and technical requirements set by ENISA.

    The national reporting portals provide for interoperable, automated and secure transmission of relevant notifications to competent authorities in other Member States and/or to ENISA, where this is necessary under Union law or national law.

    ENISA performs a supporting and coordinating role in promoting interoperability, standardisation and quality assurance, without becoming responsible for central storage or processing of all incident notifications at Union level.

    Tabled by
    Virginie Joron
    Group
    PfE
    Targets
    Data Act Article 32y
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 y

Paragraph 1

Added by the Council on 2 October

Paragraph 2

Added by the Council on 2 October

Parliament amendments 1

1 proposes alternative wording.

  1. 861 Alternative João OliveiraThe Left · ITRE–LIBE “Where public sector bodies charge fees, they shall take measures to provide incentives for the re-use of certain categories of protected data for…”

    (2) Where public sector bodies charge fees, they shall take measures to provide incentives for the re-use of certain categories of protected data for non-commercial purposes, such as scientific research purposes, and by start-ups, SMEs and SMCsstart-ups, in accordance with Union State aid rules. In that regard, public sector bodies may also make the data available at a discounted fee or free of charge, in particular to start-upsSMEs, SMEs and SMCsstart-ups, civil society, research and educational establishments. To that end, public sector bodies may establish a list of categories of re-users to which data or documents for re-use is made available at a discounted fee or free of charge. That list, together with the criteria used to establish it, shall be made public.

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Data Act Article 32y(2)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32y – paragraph 2

Paragraph 3

Added by the Council on 2 October

Parliament amendments 2

1 proposes alternative wording and 1 would add wording to paragraph 3.

  1. 862 Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “anonymisation or disclosure control in the case of commercially confidential data as provided for in Article 32w(3)[conditions for re-use];”

    (c) anonymisation or otherdisclosure formscontrol in the case of preparation of personal data and commercially confidential data as provided for in Article 32w(3)[conditions for re-use];

    Tabled by
    Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
    Group
    S&D
    Targets
    Data Act Article 32y(3)(c)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32y – paragraph 3 – point c
  2. 863 Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such re- use.'”

    (ea) In Article 32y, paragraph 3, the following point is added

    (ea)assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such re- use.'

    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 32y – paragraph 3 – point ea (new)
    Document
    ITRE–LIBE amendments 777–1052 to the draft report
    Printed header
    Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32y – paragraph 3 – point ea (new)

Paragraph 4

Added by the Council on 2 October

Paragraph 5

Added by the Council on 2 October