keyboard_tab Digital Governance Act 2022/0868 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Art. 6 Fees
- 1 Art. 35 Evaluation and review
CHAPTER I
General provisions
CHAPTER II
Re-use of certain categories of protected data held by public sector bodies
CHAPTER III
Requirements applicable to data intermediation services
CHAPTER IV
Data altruism
CHAPTER V
Competent authorities and procedural provisions
CHAPTER VI
European Data Innovation Board
CHAPTER VII
International access and transfer
CHAPTER VIII
Delegation and committee procedure
CHAPTER IX
Final and transitional provisions
- data
- re-use
- personal data
- non-personal data
- consent
- permission
- data subject
- data holder
- data user
- data sharing
- data intermediation service
- processing
- access
- main establishment
- services of data cooperatives
- data altruism
- public sector body
- bodies governed by public law
- public undertaking
- secure processing environment
- legal representative
- data 15
- shall 12
- re-use 7
- article 7
- fees 7
- sector 6
- bodies 5
- categories 5
- public 5
- payment 4
- charge 4
- report 4
- costs 4
- necessary 3
- available 3
- organisations 3
- from 3
- member states 3
- criteria 3
- rules 3
- which 3
- referred 3
- such 3
- main 2
- penalties 2
- list 2
- union 2
- regulation 2
- re-users 2
- evaluation 2
- made 2
- provide 2
- free 2
- discounted 2
- purposes 2
- used 2
- smes 2
- start-ups 2
- accordance 2
- level 2
- providers 2
- commission 2
- altruism 2
- interests 2
- place 2
- pursuant 2
- also 2
- preparation 2
- any 2
- laid 2
Article 6
Fees
1. Public sector bodies which allow re-use of the categories of data referred to in Article 3(1) may charge fees for allowing the re-use of such data.
2. Any fees charged pursuant to paragraph 1 shall be transparent, non-discriminatory, proportionate and objectively justified and shall not restrict competition.
3. Public sector bodies shall ensure that any fees can also be paid online through widely available cross-border payment services, without discrimination based on the place of establishment of the payment service provider, the place of issue of the payment instrument or the location of the payment account within the Union.
4. Where public sector bodies charge fees, they shall take measures to provide incentives for the re-use of the categories of data referred to in Article 3(1) for non-commercial purposes, such as scientific research purposes, and by SMEs and start-ups in accordance with State aid rules. In that regard, public sector bodies may also make the data available at a discounted fee or free of charge, in particular to SMEs and start-ups, civil society and educational establishments. To that end, public sector bodies may establish a list of categories of re-users to which data for re-use is made available at a discounted fee or free of charge. That list, together with the criteria used to establish it, shall be made public.
5. Any fees shall be derived from the costs related to conducting the procedure for requests for the re-use of the categories of data referred to in Article 3(1) and limited to the necessary costs in relation to:
| (a) | the reproduction, provision and dissemination of data; |
| (b) | the clearance of rights; |
| (c) | anonymisation or other forms of preparation of personal data and commercially confidential data as provided for in Article 5(3); |
| (d) | the maintenance of the secure processing environment; |
| (e) | the acquisition of the right to allow re-use in accordance with this Chapter by third parties outside the public sector; and |
| (f) | assisting re-users in seeking consent from data subjects and permission from data holders whose rights and interests may be affected by such re-use. |
6. The criteria and methodology for calculating fees shall be laid down by the Member States and published. The public_sector_body shall publish a description of the main categories of costs and the rules used for the allocation of costs.
Article 35
Evaluation and review
By 24 September 2025, the Commission shall carry out an evaluation of this Regulation and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. The report shall be accompanied, where necessary, by legislative proposals.
The report shall assess, in particular:
| (a) | the application and functioning of the rules on penalties laid down by the Member States pursuant to Article 34; |
| (b) | the level of compliance of the legal_representatives of data intermediation services providers and recognised data altruism organisations that are not established in the Union with this Regulation and the level of enforceability of penalties imposed on those providers and organisations; |
| (c) | the type of data altruism organisations registered under Chapter IV and an overview of the objectives of general interests for which data are shared in view of establishing clear criteria in that respect. |
Member States shall provide the Commission with the information necessary for the preparation of that report.
whereas