compensation
Compensation for making data available:
Data holders can request reasonable compensation for making data available to data recipients.
- Any compensation must be non-discriminatory and reasonable and may include a margin.
- When determining any compensation, the costs incurred in making the data available (including the costs for formatting, dissemination and storage) and investments in the collection and production of data must be taken into account.
- However, microenterprises, SMEs and not-for-profit research organisations must not be charged more than the costs incurred in making the data available.
- Data holders must make the calculation of the compensation transparent to data recipients.
The European Commission plans to publish guidelines on calculating reasonable compensation.
Compensation for making data available in cases of an exceptional need:
In the case of a public emergency, data holders do not receive any compensation unless they are a microenterprise or small enterprise.
If the data requested are necessary for the fulfilment of a task carried out in the public interest that has been provided for by law, all data holders are entitled to fair compensation.
- The compensation must cover the technical and organisational costs (including the costs of data anonymisation, etc) and may include a reasonable margin.
- Data holders are not entitled to compensation if the task carried out in the public interest is the production of official statistics and if the purchase of data is not allowed by national law.
- Upon request by the public sector body, the European Commission, the European Central Bank or the Union body, data holders must provide information about the basis for the calculation of the costs and the reasonable margin.
- If the public sector body, the European Commission, the European Central Bank or the Union body disagrees with the level of compensation requested by a data holder, it can lodge a complaint with the Bundesnetzagentur.