Article 20

1. Data holders shall make available data necessary to respond to a public emergency pursuant to Article 15a(2) freeand ofshall chargebe entitled to fair compensation in accordance with paragraph 2. The public sector body, the Commission, the European Central Bank or the Union body that has received data shall provide public acknowledgement to the data holder if requested by the data holder. The determination or payment of such compensation shall not delay the making of data available to respond to the public emergency.

2. The data holder shall be entitled to fair compensation for making data available in compliance with a request made pursuant to Article 15a(3). Such compensation shall cover the technical and organisational costs incurred to comply with the request including, where applicable, the costs of anonymisation, pseudonymisation, aggregation and of technical adaptation, and a reasonable margin. Upon request of the public sector body, the Commission, the European Central Bank or the Union body, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.

Justification

The provision is deleted as it risks creating an additional compensation mechanism that may limit effective access to data by public sector bodies, the Commission, the European Central Bank and Union bodies. The Data Act already provides a framework for fair and proportionate compensation where applicable, and introducing a separate right to compensation, including a reasonable margin, could create uncertainty and increase barriers to data access. Costs directly linked to making data available may be addressed through existing safeguards, without incentivising excessive charges or undermining the objective of ensuring access to data for public interest purposes.

2. The data holder shall be entitled to fair compensation for making data available in compliance with a request made pursuant to Article 15a(2) or (3). Such compensation shall cover the technical and organisational costs incurred to comply with the request including, where applicable, the costs of anonymisation, pseudonymisation, aggregation and of technical adaptation, and a reasonable margin. Upon request of the public sector body, the Commission, the European Central Bank or the Union body, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.

3. By way of derogation from paragraph 1 of this Article, a data holder that is a microenterprise or, small and medium-sized enterprise may claim and shall be entitled to compensation for making data available in response to a request under Article 15a(2), according to the conditions set in paragraph 2 of this Article.

4. DataBy holdersway of derogation from paragraph 3 of this Article, a data holder that is a mircoenterprise or small enterprise shall not be entitled to compensation for making data available in compliance with a request made pursuant to Article 15a(3), where the specific task carried out in the public interest is the production of official statistics and where the purchase of data is not allowed by national law. Member States shall notify the Commission where the purchase of data for the production of official statistics is not allowed by national law.;

4. Data holders shall notnevertheless be entitled to fair compensation in accordance with paragraph 2 for making data available in compliance with a request made pursuant to Article 15a(3), where the specific task carried out in the public interest is the production of official statistics and where the purchase of data is not allowed by national law. Member States shall notify the Commission where the purchase of data for the production of official statistics is not allowed by national law.;