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.

Justification

This amendment preserves the core principles of the open data framework, in particular non-discriminatory re-use and the use of open licences as the default regime. It seeks to avoid fragmentation and legal uncertainty resulting from differentiated licence conditions for certain categories of re-users, while still allowing proportionate contributions from very large enterprises that do not undermine open access, interoperability or public-interest re-use.

(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, and that such licences are, as a default, open licences enabling free and unrestricted re-use, in particular for public interest purposes.

Justification

This amendment preserves the core principles of the open data framework, in particular non-discriminatory re-use and the use of open licences as the default regime. It seeks to avoid fragmentation and legal uncertainty resulting from differentiated licence conditions for certain categories of re-users, while still allowing proportionate contributions from very large enterprises that do not undermine open access, interoperability or public-interest re-use.

(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, and may include requirements to contribute financially or otherwise to the sustainability, maintenance, and enrichment of the underlying data infrastructure, provided that such conditions do not restrict or negatively affect re-use by research organisations, non-commercial users, or open knowledge projects.

Justification

This amendment preserves the core principles of the open data framework, in particular non-discriminatory re-use and the use of open licences as the default regime. It seeks to avoid fragmentation and legal uncertainty resulting from differentiated licence conditions for certain categories of re-users, while still allowing proportionate contributions from very large enterprises that do not undermine open access, interoperability or public-interest re-use.