Data Governance Act Article 6: Obligations, Deadlines & Penalties

Public sector bodies must ensure that any fees charged for data re-use are transparent, non-discriminatory, proportionate, objectively justified, and do not restrict competition. Regulation (EU) 2022/868, Article 6, Article 6

Public sector bodies must ensure that fees can be paid online through widely available cross-border payment services without discrimination based on the place of establishment of the payment service provider, the place of issue of the payment instrument, or the location of the payment account. Regulation (EU) 2022/868, Article 6, Article 6

Where public sector bodies charge fees, they must take measures to provide incentives for the re-use of data for non-commercial purposes, such as scientific research, and by SMEs and start-ups, potentially by offering discounted or free access. Regulation (EU) 2022/868, Article 6, Article 6

Public sector bodies must make public any list of categories of re-users eligible for discounted or free data access, together with the criteria used to establish that list. Regulation (EU) 2022/868, Article 6, Article 6

Public sector bodies must ensure that fees are derived from and limited to the necessary costs related to reproduction, provision, dissemination, rights clearance, data preparation, secure processing environment maintenance, acquisition of re-use rights, and assisting re-users in seeking consent. Regulation (EU) 2022/868, Article 6, Article 6

Member States must lay down and publish the criteria and methodology for calculating fees for data re-use. Regulation (EU) 2022/868, Article 6, Article 6

Public sector bodies must publish a description of the main categories of costs and the rules used for the allocation of costs related to data re-use fees. Regulation (EU) 2022/868, Article 6, Article 6