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The Commission will adopt guidelines on the calculation of reasonable compensation in the sense of Article 9 of the Data Act. These guidelines will be a source for good practices, providing guidance on relevant parameters to consider when determining, assessing or calculating reasonable compensation.
Developing guidelines for reasonable compensation is critical for implementing the Data Act effectively, ensuring that it achieves its objectives of boosting the data economy while safeguarding fairness and competition.
Download below the draft Commission proposal for the guidelines. We are gathering feedback on our proposal. Please submit your comments to CNECT-DATA-ACT@ec.europa.eu by 20 February 2026
You can also sign up for our webinar on 10 February and contribute to the discussions with your input.
Background
The primary aim of the Data Act is to strengthen the European data economy by removing barriers to data sharing, while preserving the incentives for those who invest in data technologies.
In this context, the data holder’s right to request reasonable compensation from data recipients is essential for ensuring a fair distribution of the economic burden associated with enabling data access and use.
This is especially important considering that Article 9(4) of the Data Act grants preferential treatment to micro, small, and medium-sized enterprises and non-profit research organisations, allowing them to benefit from a limit of the calculation of the compensation, and a clear distinction between elements to include in the compensation is therefore needed.