Article 32p

(2) Member States shall encourage public sector bodies and public undertakings to produce and make available data or documents falling within the scope of this Section in accordance with the principle of ‘open by design and by default.Member States may encourage public sector bodies and public undertakings to make available in open format data and documents which are publicly available under national law, provided also that their publication does not pose any risk for the protection of personal data, public security, critical infrastructure, trade secrets or other essential public interests.

(6) Where making dynamic data available for re-use immediately after collection, as referred to in paragraph 5, would exceed the financial and technical capacities of the public sector body, thereby imposing a disproportionate effort, those dynamic data shall be made available for re-use within a time frame or with temporary technical restrictions that do not unduly impair the exploitation of their economic and social potential. Temporary technical restrictions may also be applied, to the extent necessary and proportionate, where the immediate or bulk availability of the data would be liable to harm public security or the economic security of the Union or of a Member State.