Study for developing criteria for assessing “reasonable compensation” in the case of statutory data access right: Study for the European Commission Directorate-General Justice and Consumers : final report

The Data Act provides, in Article 8.1, that “[w]here a data holder is obliged to make data available to a data recipient under Article 56 or under other Union law or national legislation implementing Union law, it shall do so under fair, reasonable and non-discriminatory terms and in a transparent manner”. This provision is further complemented by Article 9.1, which provides that “[a]ny compensation agreed between a data holder and a data recipient for making data available shall be reasonable”. The aim of this report is to develop criteria/parameters which can be used for calculating such ‘reasonable compensation’ in scenarios where a data holder is compelled to share data with a data recipient.