--- title: "EU Data Act B2B Data Sharing Compensation FAQ" canonical_url: "https://www.sorena.io/artifacts/eu/data-act/faq/compensation-for-b2b-data-sharing" source_url: "https://www.sorena.io/artifacts/eu/data-act/faq/compensation-for-b2b-data-sharing" author: "Sorena AI" description: "FAQ on when Data Act data holders may charge B2B data recipients, what reasonable compensation can include, SME limits, unfair terms, disputes, and trade secret safeguards." published_at: "2026-05-06" updated_at: "2026-05-06" keywords: - "EU Data Act" - "B2B data sharing compensation" - "reasonable compensation" - "FRAND terms" - "SME compensation cap" - "Regulation (EU) 2023/2854" - "B2B data sharing" --- **[SORENA](https://www.sorena.io/)** - AI-Powered GRC Platform [Home](https://www.sorena.io/) | [Solutions](https://www.sorena.io/solutions) | [Artifacts](https://www.sorena.io/artifacts) | [About Us](https://www.sorena.io/about-us) | [Contact](https://www.sorena.io/contact) | [Portal](https://app.sorena.io) --- # EU Data Act B2B Data Sharing Compensation FAQ FAQ on when Data Act data holders may charge B2B data recipients, what reasonable compensation can include, SME limits, unfair terms, disputes, and trade secret safeguards. *FAQ* *EU* *Data Act* ## EU Data Act B2B Data Sharing Compensation FAQ When a Data Act data holder is obliged to make data available to a business data recipient, compensation must be reasonable, non-discriminatory, and transparent enough to assess. Use this FAQ to separate recoverable cost elements, SME limits, calculation disclosure, unfair-term risk, disputes, and trade secret safeguards without inventing a fixed fee schedule. This FAQ covers compensation under Chapter III of the EU Data Act where, in a business-to-business relationship, a data holder is obliged under Article 5 or other EU or national law adopted in accordance with EU law to make data available to a data recipient. It does not create a price list. It explains the statutory guardrails for FRAND terms, reasonable compensation, SME and non-profit research organisation limits, evidence, disputes, and related contract safeguards. ## Can a data holder charge compensation for mandatory B2B data sharing under the EU Data Act? Yes, but the Data Act does not give data holders an open-ended right to set deterrent access fees. Article 9 says compensation agreed between a data holder and a data recipient for making data available in B2B relations must be reasonable and non-discriminatory, and it may include a margin. The first scoping question is whether Chapter III applies: the data holder must be obliged in a B2B relationship to make data available under Article 5 or under applicable EU law or national legislation adopted in accordance with EU law. If the sharing is voluntary, consumer-facing, business-to-government, or cloud switching, use the rules for that workflow instead. - Identify the data holder, the data recipient, the legal sharing obligation, and the dataset before discussing price. - State whether the request is under Article 5 or another mandatory B2B sharing obligation covered by Chapter III. - Do not publish a standard fee schedule unless the underlying cost basis and recipient treatment can satisfy Article 9. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 8 defines the Chapter III B2B scope and Article 9 sets the reasonableness, non-discrimination, margin, and transparency rules for compensation. - [European Commission - Data Act explained](https://digital-strategy.ec.europa.eu/en/factpages/data-act-explained?ref=sorena.io) - Commission explainer confirms that mandatory B2B data-sharing terms must be fair, reasonable, and non-discriminatory and that data holders may request reasonable compensation. ## What cost basis can be used to calculate reasonable compensation under Article 9 under the Data Act? The Data Act context is the starting point for this answer. Article 9 points to concrete inputs, not a generic market-price uplift. The parties must take into account costs incurred in making the data available, especially formatting, electronic dissemination, and storage. They must also consider investments in collecting and producing the data where applicable, including whether other parties contributed to obtaining, generating, or collecting the data. The compensation may also depend on the volume, format, and nature of the data. That allows different calculations for materially different data requests, but it does not support unexplained charges, punitive access fees, or prices that cannot be tied back to the Article 9 inputs. - Keep a calculation worksheet showing formatting, dissemination, storage, and any applicable data collection or production investment inputs. - Record how volume, format, and data nature affected the amount charged. - Separate recurring platform costs from the incremental work needed to make the requested data available. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 9 lists the cost and investment factors that parties must consider when agreeing compensation. - [European Commission - Draft guidelines on reasonable compensation](https://digital-strategy.ec.europa.eu/en/consultations/data-act-commission-seeks-feedback-draft-guidelines-reasonable-compensation?ref=sorena.io) - Commission consultation page explains that the forthcoming guidelines concern relevant parameters for determining, assessing, or calculating reasonable compensation. ## Can the data holder add a margin to B2B data sharing compensation under the Data Act? Article 9 says compensation may include a margin, but the margin still sits inside the rule that the overall compensation must be reasonable and non-discriminatory. The Data Act therefore supports a documented margin analysis, not an arbitrary profit line or a charge designed to make access unattractive. The margin position should be checked against the recipient category. Where the data recipient is an eligible SME or not-for-profit research organisation, Article 9(4) limits compensation to the costs incurred in making the data available, which excludes a margin above those cost elements for that protected recipient category. - Show the margin separately from direct making-available costs so it can be reviewed. - Apply the same margin logic to similarly situated recipients unless a documented difference justifies different treatment. - Remove the margin for recipients covered by the SME or not-for-profit research organisation cap. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 9(1) allows a margin, while Article 9(4) caps compensation for qualifying SME and not-for-profit research organisation data recipients. - [European Commission - Data Act explained](https://digital-strategy.ec.europa.eu/en/factpages/data-act-explained?ref=sorena.io) - Commission explainer states that micro companies, SMEs, and non-profit research organisations cannot be charged more than the costs incurred for making data available. ## How does the SME and startup protection affect Data Act compensation? The Data Act gives protected treatment to data recipients that are SMEs or not-for-profit research organisations, provided the recipient does not have partner enterprises or linked enterprises that do not qualify as SMEs. For those recipients, compensation cannot exceed the costs incurred in making the data available under Article 9(2)(a). The grounding materials support SME treatment, but not a separate startup-only threshold or discount. A startup should therefore be assessed through the Data Act SME test and any partner or linked enterprise facts, rather than by assuming that all startups receive a special fee rule. - Ask the recipient to confirm SME or not-for-profit research organisation status when relying on the cap. - Check partner and linked enterprise facts before applying the protected-recipient limit. - Do not add a startup discount, revenue threshold, or headcount threshold unless the company has a separately sourced SME classification process. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 9(4) limits compensation for qualifying SME and not-for-profit research organisation data recipients to the Article 9(2)(a) cost categories. - [European Commission - Draft guidelines on reasonable compensation](https://digital-strategy.ec.europa.eu/en/consultations/data-act-commission-seeks-feedback-draft-guidelines-reasonable-compensation?ref=sorena.io) - Commission consultation page highlights Article 9(4) preferential treatment for micro, small, and medium-sized enterprises and non-profit research organisations. ## What information must the data holder give the data recipient about the compensation calculation under the Data Act? The Data Act context is the starting point for this answer. The data holder must provide the data recipient with information setting out the basis for calculating compensation in enough detail for the recipient to assess whether Article 9(1) to 9(4) are met. A single line item such as "data access fee" is unlikely to be useful for that assessment. A practical disclosure should show the relevant data scope, cost categories, investment assumptions where used, volume or format factors, margin treatment where applicable, and whether the SME or not-for-profit research organisation cap was assessed. - Give the recipient enough detail to test reasonableness, non-discrimination, cost categories, margin, and any protected-recipient cap. - Keep the same calculation basis in the quote, contract schedule, invoice support, and dispute file. - Avoid exposing trade secrets in the calculation notice; disclose the compensation basis at the level needed to assess Article 9 compliance. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 9(7) requires the data holder to provide sufficiently detailed information on the basis for calculating compensation. - [European Commission - Data Act explained](https://digital-strategy.ec.europa.eu/en/factpages/data-act-explained?ref=sorena.io) - Commission explainer frames B2B data-sharing terms as FRAND and transparent in practice. ## How do unfair contractual terms interact with Data Act compensation clauses? The Data Act context is the starting point for this answer. Compensation clauses should be reviewed together with Chapter IV on unfair contractual terms. Article 13 applies to contractual terms concerning access to and use of data, or liability and remedies for breach or termination of data-related obligations, when an enterprise unilaterally imposes the term on another enterprise. A compensation term is higher risk when it is take-it-or-leave-it, cannot be meaningfully negotiated, lets the imposing party interpret conformity alone, limits remedies inappropriately, or allows substantial price changes without a valid reason and termination right. Article 13 does not assess adequacy of price against data supplied, but surrounding terms can still be unfair. - Review data-sharing price clauses, change rights, remedies, termination rights, and conformity decisions as one package. - Keep evidence that the recipient had a real opportunity to negotiate if the term was not intended to be unilateral. - Do not use compensation language to override the mandatory Chapter III safeguards; Article 8 makes such exclusions non-binding. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 13 defines unfair unilaterally imposed terms and lists terms that are unfair or presumed unfair in B2B data access and use contracts. - [European Commission - Data Act explained](https://digital-strategy.ec.europa.eu/en/factpages/data-act-explained?ref=sorena.io) - Commission explainer describes Chapter IV protection against take-it-or-leave-it data terms, particularly where bargaining power is unequal. ## Can a data holder use trade secrets or security concerns to increase or refuse compensation-based access under the Data Act? Trade secrets are a safeguard issue, not a blank cheque for compensation. The Commission FAQ explains that a data holder may require confidentiality and secrecy safeguards before disclosure, and the Data Act allows withholding, suspension, or exceptional refusal only under specific conditions. A trade secret label alone is not enough to block the access right. Where trade secret protection affects cost, separate the protection measure from the compensation calculation. For example, confidentiality arrangements, strict access protocols, or technical controls may affect the effort needed to make data available, but the data holder should still be able to show how those measures relate to the requested data and Article 9 cost basis. - Identify trade secret data and agree proportionate confidentiality or technical safeguards before disclosure. - Use withholding, suspension, or refusal only where the Data Act conditions are met and the decision is documented. - Do not convert trade secret concerns into an unexplained surcharge or an unsupported refusal. Sources for this answer: - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Commission FAQ explains the trade secrets handbrake, including safeguards, withholding, suspension, and exceptional refusal conditions. - [European Commission - Data Act explained](https://digital-strategy.ec.europa.eu/en/factpages/data-act-explained?ref=sorena.io) - Commission explainer states that trade secret measures must preserve confidentiality without undermining Data Act access goals. ## What evidence should a data holder keep for a reasonable compensation decision under the Data Act? Keep a file that lets someone else reconstruct the Data Act Article 9 decision. The record should show the mandatory sharing trigger, the recipient category, the cost items used, any margin analysis, and the disclosure given to the recipient. It should also show why similar recipients were treated the same or differently. Because Article 10 allows certified dispute settlement bodies to resolve FRAND and compensation disputes, teams should also keep the material they would need if the amount is challenged: the worksheet, recipient correspondence, and the rationale for any SME or research-organisation cap. - Retain the calculation worksheet, the recipient notice, and the legal basis for the sharing obligation. - Keep records that show how non-discrimination was checked between comparable recipients. - Preserve the documents that support any SME, not-for-profit research organisation, or no-margin position. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Articles 9 and 10 support retaining the compensation basis and dispute-ready evidence. - [European Commission - Data Act explained](https://digital-strategy.ec.europa.eu/en/factpages/data-act-explained?ref=sorena.io) - Commission explainer says the compensation rules are about fair, reasonable, non-discriminatory terms and transparent calculation. ## What should teams avoid when setting B2B data sharing compensation under the Data Act? Avoid treating the Data Act as if it supplies a fixed tariff table. The grounding sources support cost categories, margin possibility, protected-recipient caps, calculation transparency, and dispute routes; they do not support invented per-API-call fees, percentage-of-revenue formulas, statutory penalty amounts for overcharging, or universal startup discounts. Also avoid using compensation to do work that belongs to another rule. Trade secret risk should be handled through safeguards and, where justified, the Data Act handbrake. Bargaining-power problems should be handled through unfair-term review. Personal data issues still need GDPR compliance, because the Data Act does not create a new legal basis for personal data processing. - Do not publish a fee schedule unless each amount can be tied to Article 9 inputs and recipient category. - Do not charge protected SMEs or not-for-profit research organisations more than the making-available cost cap. - Do not use compensation clauses to hide refusal, delay, discrimination, trade secret overreach, or unfair take-it-or-leave-it terms. Sources for this answer: - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Article 9 provides calculation guardrails but no fixed statutory tariff, and Article 13 separately addresses unfair B2B data terms. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Commission FAQ confirms the Data Act does not create a GDPR legal basis where a user is not the data subject. ## What Data Act source evidence should teams keep for the Compensation For B2B Data Sharing FAQ decision? Keep the source material that shows why this Data Act FAQ answer is grounded in Article 9 and related Commission guidance. For a compensation question, the most useful evidence is the exact legal trigger, the cost basis used, the recipient type, and any transparency note that was shared with the recipient. Also keep the version of the source you relied on, because the current answer depends on the Data Act text, the Commission explanation page, and the FAQ guidance on compensation, margin limits, and disclosure. If the calculation later changes, reviewers should be able to see what changed and why. - Save the Article 9 citation, the recipient classification, and the calculation basis used in the answer. - Store the Commission source URLs and the specific guidance point each one supports. - Keep the disclosure text sent to the recipient, not just the internal worksheet. ## How should teams assign ownership for Data Act Compensation For B2B Data Sharing implementation work? Assign the Data Act question to the team that can actually change the compensation workflow. In practice, that is usually legal for the Article 9 analysis, finance or pricing for the worksheet, and the product or operations owner for the request process and recipient notice. One person should own the final decision, but legal, commercial, privacy, and security reviewers should each have a clear role. That helps avoid a single compensation amount being reused in situations that have different recipient categories, different cost bases, or different trade secret constraints. - Name one owner for the Article 9 decision, one owner for the worksheet, and one owner for the recipient notice. - Record which team checks SME or research-organisation status before any cap is applied. - Keep legal, finance, and operations responsibilities separate so the same template is not used for every request. ## Which Data Act implementation evidence makes the Compensation For B2B Data Sharing answer usable later? The Data Act answer is only useful later if someone can trace it back to the actual request, the data scope, and the cost model. Keep the request or contract clause that triggered Chapter III, the internal calculation, the recipient-facing explanation, and any note showing whether the cap for SMEs or not-for-profit research organisations was applied. It also helps to keep evidence of any trade secret safeguards, because those often affect the amount and the wording of the disclosure. If the issue is ever challenged, the reviewer should be able to reconstruct both the amount and the reason the amount was disclosed in that form. - Keep the request, the Article 9 worksheet, and the recipient-facing calculation basis together. - Store the status check for SME or not-for-profit research organisation treatment. - Retain the trade secret safeguard note and the final notice language so later reviewers can see the full context. ## Primary sources - [Regulation (EU) 2023/2854 (Data Act)](https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng?ref=sorena.io) - Binding source for Chapter III scope, Article 9 compensation calculation rules, Article 10 dispute settlement, and Article 13 unfair contractual terms. - [European Commission - Draft guidelines on reasonable compensation](https://digital-strategy.ec.europa.eu/en/consultations/data-act-commission-seeks-feedback-draft-guidelines-reasonable-compensation?ref=sorena.io) - Commission consultation source for forthcoming Article 9 guidance on parameters for determining, assessing, or calculating reasonable compensation. - [European Commission - Data Act FAQs v1.4](https://ec.europa.eu/newsroom/dae/redirection/document/108144?ref=sorena.io) - Commission FAQ source for trade secret safeguards, personal data limits, data holder protections, and Data Act role examples. - [European Commission - Data Act explained](https://digital-strategy.ec.europa.eu/en/factpages/data-act-explained?ref=sorena.io) - Commission explainer source for FRAND B2B data-sharing terms, reasonable compensation context, SME cost limits, unfair terms, and dispute settlement. ## Topic Guides - [Data Act and Common European Data Spaces](/artifacts/eu/data-act/data-act-and-common-european-data-spaces.md): How Data Act Article 33 connects data-space participation with metadata, vocabularies, APIs, access terms, data quality, governance, and standards monitoring. - [Data Act and Data Governance Act Overlap FAQ](/artifacts/eu/data-act/faq/data-governance-act-overlap.md): FAQ explaining where the EU Data Act and Data Governance Act overlap, how they differ, and how to route product, cloud, public-sector reuse, intermediary, and data altruism workflows. - [Data Act and GDPR Personal Data Overlap FAQ](/artifacts/eu/data-act/faq/gdpr-personal-data-overlap.md): FAQ on how the EU Data Act works when connected-product or related-service data includes personal data, mixed datasets, GDPR roles, lawful basis, trade secrets, and third-party sharing. - [Data Act Audit Evidence And Request Logs FAQ](/artifacts/eu/data-act/faq/audit-evidence-and-request-logs.md): FAQ for Data Act request logs covering user and third-party access, B2G exceptional need requests, cloud switching records, contract terms, trade secrets, and GDPR boundaries. - [Data Act B2B Data-Sharing Contract Clauses](/artifacts/eu/data-act/b2b-data-sharing-contract-clauses.md): Clause guide for EU Data Act B2B data sharing: FRAND terms, compensation, trade secret safeguards, recipient limits, termination, logs, and GDPR boundaries. - [Data Act B2B Data-Sharing Contract Template](/artifacts/eu/data-act/b2b-data-sharing-contract-template.md): A usable EU Data Act B2B data-sharing template outline covering access requests, data schedules, permitted use, trade secrets, security, compensation, GDPR boundaries, audit records, and termination. - [Data Act B2G Exceptional-Need Requests](/artifacts/eu/data-act/b2g-exceptional-need-requests.md): A grounded guide to EU Data Act Chapter V requests from public bodies: exceptional need, public emergencies, request contents, limits, safeguards, costs, and records. - [Data Act Cloud Switching Compliance Checklist](/artifacts/eu/data-act/cloud-switching-compliance-checklist.md): A grounded EU Data Act checklist for cloud and data processing service providers covering switching clauses, notices, export formats, charges, interoperability, and evidence. - [Data Act Cloud Switching Contract Terms FAQ](/artifacts/eu/data-act/faq/cloud-switching-contract-terms.md): FAQ on EU Data Act cloud switching contract terms: Article 25 clauses, assistance, notice, transition, charges, export, termination, interoperability, and records. - [Data Act Cloud Switching Fees And Deadlines FAQ](/artifacts/eu/data-act/faq/cloud-switching-fees-and-deadlines.md): FAQ on EU Data Act cloud switching charges, 2027 fee removal, notice periods, transition windows, data retrieval, contract terms, and evidence records. - [Data Act Complaints and Dispute Settlement FAQ](/artifacts/eu/data-act/faq/complaints-and-dispute-settlement.md): FAQ on EU Data Act complaints, competent authorities, dispute settlement bodies, B2B data-sharing disputes, B2G requests, cloud switching disputes, and evidence records. - [Data Act Exportable Data and Metadata FAQ](/artifacts/eu/data-act/faq/exportable-data-and-metadata.md): FAQ explaining which product, related service, metadata, and cloud switching data must be exportable under the EU Data Act, and which data can be excluded. - [Data Act FAQ for Aftermarket Repair and Mobility Services](/artifacts/eu/data-act/faq/aftermarket-repair-and-mobility-services.md): FAQ on EU Data Act vehicle-data access for repairers, independent service providers, fleets, insurers, and mobility services. - [Data Act Functional Equivalence FAQ](/artifacts/eu/data-act/faq/functional-equivalence.md): FAQ on Data Act functional equivalence for cloud switching: IaaS scope, customer outcomes, export support, interoperability duties, limits, and evidence. - [Data Act Indirect Access Request Flows FAQ](/artifacts/eu/data-act/faq/indirect-access-request-flows.md): FAQ for Data Act teams handling user and third-party data requests when direct connected-product access is unavailable, incomplete, or limited. - [Data Act International Government Access FAQ](/artifacts/eu/data-act/faq/international-government-access.md): FAQ on EU Data Act safeguards for non-EU government access to non-personal data held in the Union by data processing service providers. - [Data Act Interoperability Standards FAQ](/artifacts/eu/data-act/faq/interoperability-standards.md): FAQ on EU Data Act interoperability standards for data spaces, cloud switching, smart contracts, harmonised standards, common specifications, and M/614. - [Data Act Model Contractual Terms FAQ](/artifacts/eu/data-act/faq/model-contractual-terms.md): FAQ on the EU Data Act non-binding model contractual terms for data access and use, cloud switching clauses, B2B use, unfair terms, and evidence. - [Data Act Public Emergency Requests FAQ](/artifacts/eu/data-act/faq/public-emergency-requests.md): FAQ on EU Data Act public emergency requests: exceptional need, request content, timing, data holder response, compensation, confidentiality, and records. - [Data Act Smart Contracts for Data Sharing](/artifacts/eu/data-act/smart-contracts-for-data-sharing.md): Data Act Article 36 smart contract guide for data-sharing agreements: scope, robustness, access control, termination, interruption, archiving, standards status, and conformity evidence. - [Data Act SME Exceptions and Startups FAQ](/artifacts/eu/data-act/faq/sme-exceptions-and-startups.md): FAQ on where the EU Data Act gives micro, small, medium-sized, startup, and SME actors narrower treatment for access duties, compensation, and B2B terms. - [Data Act Trade Secret Technical Protection Measures FAQ](/artifacts/eu/data-act/faq/trade-secret-technical-protection-measures.md): FAQ on how EU Data Act data holders can protect trade secrets with confidentiality safeguards, technical measures, limited withholding, suspension, refusal, and evidence. - [Data Act Trade Secrets and Protection Measures](/artifacts/eu/data-act/trade-secrets-and-protection.md): Data Act guide for protecting trade secrets during access and sharing: classification, safeguards, refusal thresholds, notices, evidence records, and reviews. - [Data Act Unfair Contractual Terms | Article 13 B2B Contract Review](/artifacts/eu/data-act/unfair-contractual-terms.md): Review B2B data-sharing clauses under EU Data Act Article 13: unilateral terms, always unfair examples, presumed unfair terms, model clauses, evidence, and remediation. - [Data Act Vehicle Data Guidance](/artifacts/eu/data-act/vehicle-data-guidance.md): Commission-grounded guide to Data Act vehicle data access: connected vehicles, vehicle-related services, raw and pre-processed data, aftermarket use cases, access routes, safeguards, and GDPR boundaries. - [Data Act vs GDPR: connected-product data access](/artifacts/eu/data-act/data-act-vs-gdpr.md): Compare EU Data Act connected-product access duties with GDPR personal-data rules: scope, roles, lawful basis, data subject rights, third-party sharing, trade secrets, and conflicts. - [EU Data Act and Common European Data Spaces FAQ](/artifacts/eu/data-act/faq/data-act-and-common-european-data-spaces.md): FAQ on how EU Data Act interoperability duties, Data Governance Act rules, and sector data-space governance fit together without treating participation as a general obligation. - [EU Data Act Applicability Test](/artifacts/eu/data-act/applicability-test.md): Check whether a product, related service, data holder, cloud service, data-space role, smart contract, or B2G request is in scope of the EU Data Act. - [EU Data Act Application Dates And Transition FAQ](/artifacts/eu/data-act/faq/application-dates-and-transition.md): FAQ on when the EU Data Act applies, which obligations are delayed, and what product, contract, cloud, and evidence records teams should maintain. - [EU Data Act Article 3 Pre-Contract Information](/artifacts/eu/data-act/pre-contractual-information-obligations.md): What Article 3 of the EU Data Act requires before connected-product purchase, rent, lease, or related-service contracting: data categories, access, data holder identity, third-party sharing, complaints, and evidence. - [EU Data Act Article 36 Smart Contract Controls FAQ](/artifacts/eu/data-act/faq/article-36-smart-contract-controls.md): FAQ explaining when EU Data Act Article 36 applies to smart contracts for data-sharing agreements and what controls, conformity evidence, and limits it requires. - [EU Data Act B2G Compensation and Costs FAQ](/artifacts/eu/data-act/faq/b2g-compensation-and-costs.md): FAQ on when Data Act B2G exceptional-need requests are free, when fair compensation may be claimed, which costs can be included, and what records to keep. - [EU Data Act B2G Exceptional Need FAQ](/artifacts/eu/data-act/faq/b2g-exceptional-need.md): When public-sector bodies can request business-held data under the EU Data Act, what a valid request must contain, and how data holders handle limits, trade secrets, compensation, and evidence. - [EU Data Act Checklist for Product, Cloud, and Contract Teams](/artifacts/eu/data-act/checklist.md): A grounded EU Data Act checklist for connected-product data access, third-party sharing, B2G requests, cloud switching, unfair terms, smart contracts, personal data boundaries, evidence, and owners. - [EU Data Act Cloud Switching and Exit Plans](/artifacts/eu/data-act/cloud-switching-and-exit-plans.md): A grounded EU Data Act guide for data processing service exit plans: switching contracts, exportable data, assistance, charges, interoperability, retrieval, erasure, and records. - [EU Data Act Cloud Switching Procurement FAQ](/artifacts/eu/data-act/faq/cloud-switching-procurement-checklist.md): Procurement checklist FAQ for EU Data Act cloud switching: contract terms, exit support, exportable data, switching charges, interoperability, termination, and supplier evidence. - [EU Data Act Compliance Program](/artifacts/eu/data-act/compliance.md): Build a Data Act compliance program for connected-product data access, contracts, B2G requests, cloud switching, smart contracts, GDPR boundaries, records, and ownership. - [EU Data Act Connected Product Scope and Data Types](/artifacts/eu/data-act/scope-connected-products-and-data-types.md): Classify EU Data Act connected products, related services, product data, related-service data, readily available data, metadata, and excluded derived outputs. - [EU Data Act Connected Product Scope FAQ](/artifacts/eu/data-act/faq/scope-connected-products.md): FAQ explaining when connected products, related services, generated data, EU market placement, and SME exceptions fall within EU Data Act scope. - [EU Data Act Data Processing Service Switching](/artifacts/eu/data-act/data-processing-services-switching.md): A grounded EU Data Act guide for provider and customer switching duties: exit assistance, exportable data, contract clauses, charges, interoperability, retrieval, and erasure. - [EU Data Act data spaces interoperability FAQ](/artifacts/eu/data-act/faq/data-spaces-interoperability.md): FAQ explaining Article 33 Data Act interoperability requirements for data-space participants, common European data spaces, standards, APIs, metadata, and architecture evidence. - [EU Data Act deadlines and compliance calendar](/artifacts/eu/data-act/deadlines-and-compliance-calendar.md): A source-linked calendar for EU Data Act application dates, product design timing, contract remediation, cloud switching charges, response periods, standards work, and evidence records. - [EU Data Act Direct Access by Design FAQ](/artifacts/eu/data-act/faq/direct-access-by-design.md): FAQ for product and legal teams designing user access to connected-product and related-service data under the EU Data Act. - [EU Data Act Enforcement And Competent Authorities FAQ](/artifacts/eu/data-act/faq/enforcement-and-competent-authorities.md): FAQ on who enforces the EU Data Act, how complaints work, how Member States set penalties, when dispute settlement can be used, and when GDPR authorities remain responsible. - [EU Data Act FAQ: scope, access rights, B2G, cloud switching, GDPR, and dates](/artifacts/eu/data-act/faq.md): Grounded EU Data Act FAQ index covering connected-product data access, third-party sharing, B2G exceptional need, cloud switching, smart contracts, GDPR boundaries, unfair terms, trade secrets, and application dates. - [EU Data Act Non-Emergency Public-Sector Requests FAQ](/artifacts/eu/data-act/faq/non-emergency-public-sector-requests.md): FAQ on EU Data Act requests where a public body claims exceptional need outside a public emergency, including scope, request contents, limits, compensation, confidentiality, and evidence. - [EU Data Act Non-Personal Data and Mixed Datasets FAQ](/artifacts/eu/data-act/faq/non-personal-data-and-mixed-datasets.md): FAQ on how the EU Data Act treats non-personal data, mixed datasets, GDPR precedence, user and third-party access, trade-secret limits, and evidence records. - [EU Data Act Penalties and Enforcement](/artifacts/eu/data-act/penalties-and-fines.md): Grounded guide to Data Act penalties under Article 40, Member State enforcement, penalty factors, complaints, judicial remedies, and the GDPR enforcement boundary. - [EU Data Act Pre-Contractual Information FAQ](/artifacts/eu/data-act/faq/pre-contractual-information.md): FAQ on EU Data Act Article 3 pre-contract information for connected products and related services, including data categories, access methods, data holder identity, third-party sharing, and GDPR boundaries. - [EU Data Act Product Data vs Related Service Data FAQ](/artifacts/eu/data-act/faq/product-data-and-service-data.md): FAQ explaining how the EU Data Act separates connected product data, related service data, readily available raw and pre-processed data, metadata, and inferred or derived outputs. - [EU Data Act Readily Available Data FAQ](/artifacts/eu/data-act/faq/readily-available-data.md): FAQ on what counts as readily available data under the EU Data Act, including product data, related service data, metadata, inferred data, and access mechanics. - [EU Data Act Related Services FAQ](/artifacts/eu/data-act/faq/related-services.md): FAQ explaining when software is a Data Act related service, how it links to connected products, which product and service data are in scope, and what exclusions apply. - [EU Data Act requirements](/artifacts/eu/data-act/requirements.md): Source-grounded EU Data Act requirements for connected-product data access, B2B sharing terms, B2G exceptional needs, cloud switching, smart contracts, interoperability, GDPR boundaries, and records. - [EU Data Act Smart Contracts for Data Sharing FAQ](/artifacts/eu/data-act/faq/smart-contracts-for-data-sharing.md): Answers on Article 36 Data Act smart-contract requirements for data sharing: scope, robustness, access control, termination, archiving, conformity assessment, contract terms, and standards status. - [EU Data Act Third-Party Data Sharing FAQ](/artifacts/eu/data-act/faq/third-party-data-sharing.md): FAQ on user-directed third-party data sharing under the EU Data Act, covering data holder duties, recipient limits, trade secrets, security, GDPR, and gatekeepers. - [EU Data Act Trade Secret Safeguards FAQ](/artifacts/eu/data-act/faq/trade-secrets-safeguards.md): FAQ on protecting trade secrets when handling EU Data Act user and third-party data access requests, including safeguards, withholding, suspension, refusal, notices, and records. - [EU Data Act Unfair Contractual Terms FAQ](/artifacts/eu/data-act/faq/unfair-contractual-terms.md): FAQ on Article 13 of the EU Data Act: B2B unfair contract terms, unilateral take-it-or-leave-it clauses, always-unfair terms, presumed-unfair terms, SMEs, model terms, and review evidence. - [EU Data Act User Access and Portability Rights](/artifacts/eu/data-act/access-rights-and-portability.md): Practical guide to EU Data Act user access, connected-product data portability, third-party sharing, trade secret safeguards, and the GDPR boundary. - [EU Data Act Users, Data Holders, and Recipients FAQ](/artifacts/eu/data-act/faq/users-data-holders-and-recipients.md): FAQ explaining Data Act users, data holders, data recipients, connected products, related services, user access, third-party limits, and GDPR boundaries. - [EU Data Act Vehicle Data Guidance FAQ](/artifacts/eu/data-act/faq/vehicle-data-guidance.md): FAQ on EU Data Act vehicle data guidance for connected vehicles, aftermarket repair, mobility services, third-party access, trade secrets, security, and GDPR boundaries. - [EU Data Act vs Data Governance Act](/artifacts/eu/data-act/data-act-vs-data-governance-act.md): Compare the EU Data Act with the Data Governance Act: connected-product access, cloud switching, B2B/B2G duties, protected public-sector reuse, intermediaries, altruism, governance, and enforcement. *Recommended next step* *Placement: after evidence section* ## Review Data Act B2B Compensation Check whether your Data Act data-sharing charges have a documented cost basis, recipient-status check, calculation disclosure, and unfair-term review before using them in contracts or request handling. - [Open Research Copilot](/solutions/research-copilot.md): Get cited answers on Data Act compensation, recipient status, trade secret safeguards, and adjacent B2B data-sharing obligations. - [Discuss Data Act Compensation](/contact.md): Review B2B data-sharing compensation terms across contracts, request workflows, evidence records, and recipient communications. --- [Privacy Policy](https://www.sorena.io/privacy) | [Terms of Use](https://www.sorena.io/terms-of-use) | [DMCA](https://www.sorena.io/dmca) | [About Us](https://www.sorena.io/about-us) (c) 2026 Sorena AB (559573-7338). All rights reserved. Source: https://www.sorena.io/artifacts/eu/data-act/faq/compensation-for-b2b-data-sharing