Article 32la – Procedure for requests for re-use

Public sector bodies shall, through electronic means where possible and appropriate, process requests for re-use and shall make the data or document available for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a reasonable time that is consistent with the time frames laid down for the processing of requests for access to data or documents. (2) (a) Public sector bodies shall process the request for re-use of data and documents in scope of Section II of this Chapter and, in case of a positive decision, shall deliver the data or documents to the applicant or, if a licence is needed, finalise the licence offer to the applicant as soon as possible and in principle within 20 working days of receipt. That time frame may be extended by a further 20 working days in the case of extensive or complex requests. (b) Public sector bodies or the competent bodies referred to in paragraph 1 of Article 32z shall adopt a decision on the request for re-use of certain categories of protected data as soon as possible and in any event within two months of receipt and, in the case of a positive decision, shall grant access to the protected data for re-use in accordance with the modalities referred to in Article 32w, where possible. In the case of exceptionally extensive and complex requests for re-use, the two-month period to adopt a decision may be extended by up to 30 days. The time limit for granting access may be extended within reasonable limits.

Where time limits under paragraph 2 are extended, the public sector body and in the case of certain categories of protected data the competent body shall notify the applicant as soon as possible, and in any event within three weeks of the initial request, stating the reasons.

In the event of a negative decision, the public sector bodies or competent bodies where relevant, shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that Member State or the provisions of this Regulation. Where a negative decision is based on point (d) of paragraph 3 of Article 32i, the public sector body or competent body shall include a reference to the natural or legal person who is the rightsholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material. Libraries, including university libraries, museums and archives, shall not be required to include such a reference.

Any natural or legal person directly affected by a decision as referred to in paragraph 12 or 3 shall have an effective right of redress in the Member State where the relevant body is located. Such a right of redress shall be laid down in national law and shall include the possibility of review by an impartial body with the appropriate expertise, such as the national competition authority, the relevant access-to-documents authority, the supervisory authority established in accordance with Regulation (EU) 2016/679 or a national judicial authority, whose decisions are binding upon the public sector body or the competent body concerned.

Where the request for re-use relates to data and documents in scope of Section 2 of this Chapter, this Article shall not apply to the following entities:

public undertakings;

educational establishments, research performing organisations and research funding organisations.