Data Act · Regulation (EU) 2023/2854
Article 32y
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 4 parts · 3 Council drafts · 5 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 32y
Fees
- 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.
- 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 SMCs 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- ups, SMEs and SMCs, 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.
- 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:
- (a)
the reproduction, provision and dissemination of data;
- (b)
the clearance of rights;
- (c)
anonymisation or other forms of preparation of personal data and commercially confidential data as provided for in Article 32w(3)[conditions for re-use];
- (d)
the maintenance of the secure processing environment;
- (e)
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and 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.
- (a)
- 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.
- 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.
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 32y
Commission proposal
Article 32y Fees (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. (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 SMCs 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-ups, SMEs and SMCs, 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. (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: (a) the reproduction, provision and dissemination of data; (b) the clearance of rights; (c) anonymisation or other forms of preparation of personal data and commercially confidential data as provided for in Article 32w(3)[conditions for re-use]; (d) the maintenance of the secure processing environment; (e) the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and 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. (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. (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.
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 32y
Fees for the re-use of protected data
- 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.
- 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 startups, 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 or documents 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.
- 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:
- (a)
the reproduction, provision and dissemination of data;
- (b)
the clearance of rights;
- (c)
anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3) ;
- (d)
the maintenance of the secure processing environment;
- (e)
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and (f) assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such reuse.
- (a)
- 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.
- 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
June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32y Fees for the re-use of protected data
Public sector bodies which allow re-use of certain categories of protected data may charge fees for allowing the re-use of such data. (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 startups, 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 or documents 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.
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:
the reproduction, provision and dissemination of data;
the clearance of rights; (c) anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3) ;
the maintenance of the secure processing environment;
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and
assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such reuse.
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.
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 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 32y
Fees for the re-use of certain categories of protected data
- 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.
- 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 startups, 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 or documents 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.
- 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:
- (a)
the reproduction, provision and dissemination of data;
- (b)
the clearance of rights;
- (c)
anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3);
- (d)
the maintenance of the secure processing environment;
- (e)
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and (f) assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such reuse.
- (a)
- 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.
- 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
June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32y Fees for the re-use of certain categories of protected data
Public sector bodies which allow re-use of certain categories of protected data may charge fees for allowing the re-use of such data. (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 startups, 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 or documents 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.
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:
the reproduction, provision and dissemination of data;
the clearance of rights; (c) anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3);
the maintenance of the secure processing environment;
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and
assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such reuse.
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.
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 in September Presidency compromise Council text
Comparison basis: Existing law (13 December 2023) compared with September Presidency compromise (3 September 2026)
Article 32y
Fees for the re-use of certain categories of protected data
- 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.
- 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.
- 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:
- (a)
the reproduction, provision and dissemination of data;
- (b)
the clearance of rights;
- (c)
anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3);
- (d)
the maintenance of the secure processing environment;
- (e)
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and (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.
- (a)
- 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.
- 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
September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32y Fees for the re-use of certain categories of protected data (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. (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. (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: (a) the reproduction, provision and dissemination of data; (b) the clearance of rights; (c) anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3); (d) the maintenance of the secure processing environment; (e) the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and (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. (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. (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 3 Council drafts
Article 32y
10 June 2026 · June Presidency compromise · 10 June
Council wording reconstructed for this provision from the official operation
Article 32y Fees for the re-use of protected data
Public sector bodies which allow re-use of certain categories of protected data may charge fees for allowing the re-use of such data. (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 startups, 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 or documents 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.
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:
the reproduction, provision and dissemination of data;
the clearance of rights; (c) anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3) ;
the maintenance of the secure processing environment;
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and
assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such reuse.
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.
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
18 June 2026 · June Presidency compromise · 18 June
Council wording reconstructed for this provision from the official operation
Article 32y Fees for the re-use of certain categories of protected data
Public sector bodies which allow re-use of certain categories of protected data may charge fees for allowing the re-use of such data. (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 startups, 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 or documents 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.
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:
the reproduction, provision and dissemination of data;
the clearance of rights; (c) anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3);
the maintenance of the secure processing environment;
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and
assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such reuse.
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.
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
3 September 2026 · September Presidency compromise
Council wording reconstructed for this provision from the official operation
Article 32y Fees for the re-use of certain categories of protected data (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. (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. (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: (a) the reproduction, provision and dissemination of data; (b) the clearance of rights; (c) anonymisation of personal data and preparation of commercially confidential data as provided for in Article 32w(3); (d) the maintenance of the secure processing environment; (e) the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and (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. (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. (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.
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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Additional proposed wording Amendment 324 · Virginie Joron IMCO
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;
against:
Article 32y
Fees
- 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.
- 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 SMCs 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- ups, SMEs and SMCs, 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.
- 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:
- (a)
the reproduction, provision and dissemination of data;
- (b)
the clearance of rights;
- (c)
anonymisation or other forms of preparation of personal data and commercially confidential data as provided for in Article 32w(3)[conditions for re-use];
- (d)
the maintenance of the secure processing environment;
- (e)
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and 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)
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;
- (a)
- 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.
- 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.
Additional proposed wording Amendment 325 · Virginie Joron IMCO
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.
against:
Article 32y
Fees
- 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.
- 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 SMCs 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- ups, SMEs and SMCs, 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.
- 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:
- (a)
the reproduction, provision and dissemination of data;
- (b)
the clearance of rights;
- (c)
anonymisation or other forms of preparation of personal data and commercially confidential data as provided for in Article 32w(3)[conditions for re-use];
- (d)
the maintenance of the secure processing environment;
- (e)
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and 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.
- (a)
- 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.
- 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.
- 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.
Alternative wording Amendment 861 · João Oliveira ITRE · LIBE
against:
Article 32y
Fees
- 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.
- 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 SMEs and start-ups,
SMEs and SMCsin 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 SMEs, start-, SMEs and SMCs, 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. - 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:
- (a)
the reproduction, provision and dissemination of data;
- (b)
the clearance of rights;
- (c)
anonymisation or other forms of preparation of personal data and commercially confidential data as provided for in Article 32w(3)[conditions for re-use];
- (d)
the maintenance of the secure processing environment;
- (e)
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and 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.
- (a)
- 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.
- 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.
Alternative wording Amendment 862 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
against:
Article 32y
Fees
- 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.
- 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 SMCs 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-
- 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:
- (a)
the reproduction, provision and dissemination of data;
- (b)
the clearance of rights;
- (c)
anonymisation or
otherdisclosureformscontrol in the case ofpreparation of personal data andcommercially confidential data as provided for in Article 32w(3)[conditions for re-use]; - (d)
the maintenance of the secure processing environment;
- (e)
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and 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.
- (a)
- 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.
- 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.
Additional proposed wording Amendment 863 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
(ea) In Article 32y, paragraph 3, the following point is added
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.'
against:
Article 32y
Fees
- 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.
- 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 SMCs 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- ups, SMEs and SMCs, 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.
- 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:
- (a)
the reproduction, provision and dissemination of data;
- (b)
the clearance of rights;
- (c)
anonymisation or other forms of preparation of personal data and commercially confidential data as provided for in Article 32w(3)[conditions for re-use];
- (d)
the maintenance of the secure processing environment;
- (e)
the acquisition of the right to allow re-use in accordance with this Section by third parties outside the public sector; and 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)
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.'
- (a)
- 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.
- 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.
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Article 32y
European Commission proposal → Council Presidency text · ST 10426/26
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Both texts in full
European Commission proposal
Council Presidency text · ST 10426/26
Article 32y
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 32y
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 32y(2)
Wording reproduced in the amendment → Amendment 861 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 861 · ITRE–LIBE amendments 777–1052 to the draft report
Article 32y(3)(c)
Wording reproduced in the amendment → Amendment 862 · ITRE–LIBE amendments 777–1052 to the draft report
Changes in context
RemovedAdded