Data & Privacy
- Data Act
- Data Governance Act
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
Cybersecurity
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
Data Governance Act
- Recitals
CHAPTER I
General provisionsArticles 1 — 2
CHAPTER II
Re-use of certain categories of protected data held by public sector bodiesArticles 3 — 9
CHAPTER III
Requirements applicable to data intermediation servicesArticles 10 — 15
CHAPTER IV
Data altruismArticles 16 — 25
CHAPTER V
Competent authorities and procedural provisionsArticles 26 — 28
CHAPTER VI
European Data Innovation BoardArticles 29 — 30
CHAPTER VII
International access and transferArticles 31 — 31
CHAPTER VIII
Delegation and committee procedureArticles 32 — 33
CHAPTER IX
Final and transitional provisionsArticles 34 — 38
DGA Article 6. Fees
- 1.Public sector bodies which allow re-use of the categories of data referred to in Article 3(1) may charge fees for allowing the re-use of such data.
- 2.Any fees charged pursuant to paragraph 1 shall be transparent, non-discriminatory, proportionate and objectively justified and shall not restrict competition.
- 3.Public sector bodies shall ensure that any fees can also 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 within the Union.
- 4.Where public sector bodies charge fees, they shall take measures to provide incentives for the re-use of the categories of data referred to in Article 3(1) for non-commercial purposes, such as scientific research purposes, and by SMEs and start-ups in accordance with State aid rules. In that regard, public sector bodies may also make the data available at a discounted fee or free of charge, in particular to SMEs and start-ups, civil society and educational establishments. To that end, public sector bodies may establish a list of categories of re-users to which data for re-use is made available at a discounted fee or free of charge. That list, together with the criteria used to establish it, shall be made public.
- 5.Any fees shall be derived from the costs related to conducting the procedure for requests for the re-use of the categories of data referred to in Article 3(1) and limited to the necessary costs in relation to:
- (a)the reproduction, provision and dissemination of data;
- (b)the clearance of rights;
- (c)anonymisation or other forms of preparation of personal data and commercially confidential data as provided for in Article 5(3);
- (d)the maintenance of the secure processing environment;
- (e)the acquisition of the right to allow re-use in accordance with this Chapter by third parties outside the public sector; and
- (f)assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such re-use.
- 6.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.
Relevant Recitals for this Article
Public sector bodies should be able to charge fees for the re-use of data but should also be able to allow re-use at a discounted fee or free of charge, for example for certain categories of re-use such as non-commercial re-use for scientific research purposes, or re-use by SMEs and start-ups, civil society and educational establishments, so as to provide incentives for such re-use in order to stimulate research and innovation and support undertakings that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in accordance with State aid rules. In that specific context, scientific research purposes should be understood to include any type of research-related purpose regardless of the organisational or financial structure of the research institution in question, with the exception of research that is being conducted by an undertaking with the aim of developing, enhancing or optimising products or services. Such fees should be transparent, non-discriminatory and limited to the necessary costs incurred and should not restrict competition. A list of categories of re-users to which a discounted fee or no charge applies, together with the criteria used to establish that list, should be made public.