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;

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.