Art. 9 Compensation for making data available | Data act regulation | Data act

This article governs how compensation is to be determined when a data holder makes data available to a data recipient in a business-to-business context, building directly on the data-sharing obligations established in Article 8.

It sets out the principles that must guide any agreed compensation, the factors to consider when calculating it, and introduces a cap for certain categories of recipients.

It also places a transparency obligation on data holders to justify their pricing.

Important points:

Data holders and data recipients must agree on compensation that is non-discriminatory and reasonable, factoring in costs such as formatting, storage, and investment in data collection.
Where the data recipient is an SME or a not-for-profit research organisation (without non-SME partner or linked enterprises), compensation must not exceed the direct costs of making the data available.
Data holders are required to provide the data recipient with sufficient detail on how the compensation was calculated to allow the recipient to verify compliance with the rules in this article.

1. Any compensation agreed upon between a data holder and a data recipient for making data available in business-to-business relations shall be non- discriminatory and reasonable and may include a margin.
1. When agreeing on any compensation, the data holder and the data recipient shall take into account in particular:
  1. costs incurred in making the data available, including, in particular, the costs necessary for the formatting of data, dissemination via electronic means and storage;
  2. investments in the collection and production of data, where applicable, taking into account whether other parties contributed to obtaining, generating or collecting the data in question.
1. The compensation referred to in paragraph 1 may also depend on the volume, format and nature of the data.
1. Where the data recipient is an SME or a not-for-profit research organisation and where such a data recipient does not have partner enterprises or linked enterprises that do not qualify as SMEs, any compensation agreed shall not exceed the costs referred to in paragraph 2, point (a).
1. The Commission shall adopt guidelines on the calculation of reasonable compensation, taking into account the advice of the European Data Innovation Board (EDIB) referred to in Article 42.
1. This Article shall not preclude other Union law or national legislation adopted in accordance with Union law from excluding compensation for making data available or providing for lower compensation.
1. The data holder shall provide the data recipient with information setting out the basis for the calculation of the compensation in sufficient detail so that the data recipient can assess whether the requirements of paragraphs 1 to 4 are met.