Article 32r

(2) When re-use is subject to conditions, those conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition, nor shall they undermine the principle of open data as freely reusable for any purpose, subject only to proportionate and justified limitations in line with paragraph 1.

(3) In Member States where licences are used, public sector bodies shall ensure that the standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.In Member States where licences are used, public sector bodies and public undertakings shall use standard open licences that permit the re-use of data or documents for any purpose and do not discriminate between categories of re-users, unless specific conditions are necessary and proportionate in view of the nature of the data or documents and justified on grounds of a public interest objective. Such licences shall be available in digital format and capable of being processed electronically.

Justification

Standard open licences maximise legal certainty, interoperability and the ability to combine information from different public sources. Specific conditions should be permitted only where they are justified by the nature of the data or documents, not by the identity or economic power of the re-user.

(3) In Member States where licences are used, publicMember sector bodiesStates shall ensure thatencourage the use of standard licenceslicenses for the re-use of public sector data or documents,. Public sector bodies shall ensure that such standard licences which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes.

(3) In Member States where licences are used, Member States shall encourage the use of standard licenses for the re-use of public sector data or documents. public sector bodies shall ensure that thesuch standard licences for the re-use of public sector data or documents, which can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.

(3) In Member States where licences are used, publicMember sector bodiesStates shall ensure thatencourage the use of standard licenceslicenses for the re-use of public sector data or documents,. whichPublic sector bodies shall ensure that such standard licences can be adapted to meet particular licence applications, are available in digital format and able to be processed electronically.

(4) Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration 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.

Justification

This amendment seeks to preserve the Open Data Directive’s ‘open by default’ principle by ensuring that market concerns are addressed through differentiated charging rather than restrictive licensing. Charging and licensing serve different purposes: fees can be adjusted for very large enterprises without limiting reuse rights. Removing actor-specific licence conditions and reinforcing standard licences will safeguard legal certainty, interoperability, and the ability to combine public sector information across Europe.

(4) Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration 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.

(4) Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration 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.

(4) Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration 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.

Justification

Differentiated licensing conditions would fragment the open data framework, undermine interoperability and make public sector information difficult or impossible to reuse in open knowledge projects. Economic asymmetries can be addressed through proportionate charging or technical service conditions under Article 32q, without introducing actor-specific licenses.

(4) Public sector bodies may establishset specialdifferent conditionscharges for very large enterprises for the re-use of data and documents by very large enterprises. Such conditionscharges shall be proportionate and should be based on objective criteria. They shall be established taking into consideration 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.

(4) Public sector bodies may establish special conditions for the re-use of data and documents by very large enterprises with a designation as a gatekeeper under Regulation (EU) 2022/1925. Such conditions shall be proportionate and should be based on objective criteria. They shall be established taking into consideration 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.