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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.
To gather input from different stakeholders, the Commission is hosting a webinar on Tuesday, 15 July 2025 from 10:30-12:30 (CEST). The webinar is open to Member State authorities, companies, lawyers, professors, and organisations.
You can register to take part in the discussions and help shape the guidelines. Note that registrations will only be accepted if a professional email address is provided. Following registration, participants will receive a Webex link and relevant documentation to support the discussion before the event.
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 the 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. A clear distinction between elements to include in the compensation is therefore needed.
As set out in Article 9(5) of the Data Act, the Commission will adopt guidelines on the calculation of reasonable compensation. These will serve as a source for good practices, providing guidance on relevant parameters to consider when determining, assessing or calculating reasonable compensation. Increased clarity from a well-defined compensation framework will help businesses better understand their rights and obligations, as well as reduce ambiguity and legal uncertainty.