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Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act) - Article 9

This article requires data holders to ensure any compensation for making data available is reasonable, non-discriminatory, and calculated based on…

What Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act) - Article 9 requires

This article requires data holders to ensure any compensation for making data available is reasonable, non-discriminatory, and calculated based on specific costs and investments, with special provisions for SMEs.

Pillar: AI Governance & Law · Authority: European Parliament and Council of the European Union · Version: 1.0.0 · Last updated:

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854

SHA-256 integrity: e4d3d3a774b7ff2e4b11b76a7ff5cee297ca12ae69f8649ffd3cafeef5d7532f

Primary Citations — 5 traced to source

  • Article 9(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.
  • Article 9(2)(a): When agreeing on any compensation, the data holder and the data recipient shall take into account in particular: costs incurred in making the data available, including, in particular, the costs necessary for the formatting of data, dissemination via electronic means and storage;

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