Data Act Article 9: Obligations, Deadlines & Penalties

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. Regulation (EU) 2023/2854, Article 9, Article 9

When agreeing on any compensation, the data holder and the data recipient shall take into account costs incurred in making the data available, including formatting, dissemination, and storage. Regulation (EU) 2023/2854, Article 9, Article 9

When agreeing on any compensation, the data holder and the data recipient shall take into account investments in the collection and production of data, where applicable. Regulation (EU) 2023/2854, Article 9, Article 9

Where the data recipient is an SME or a not-for-profit research organisation without partner enterprises that do not qualify as SMEs, any compensation agreed shall not exceed the costs referred to in paragraph 2, point (a). Regulation (EU) 2023/2854, Article 9, Article 9

The Commission shall adopt guidelines on the calculation of reasonable compensation, taking into account the advice of the European Data Innovation Board. Regulation (EU) 2023/2854, Article 9, Article 9

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. Regulation (EU) 2023/2854, Article 9, Article 9