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Across 39 modules • Updated May 25, 2026
Author
Sorena AI
Published
May 6, 2026
Updated
May 25, 2026
EU Data Act B2G Compensation and Costs

Can a data holder charge for a Data Act B2G request during a public emergency?

The Data Act context is the starting point for this answer. For a public-emergency request under Article 15(1)(a), data holders other than microenterprises and small enterprises must make the necessary data available free of charge. If the data holder asks, the receiving public sector body, Commission, European Central Bank, or Union body must provide public acknowledgement.

The emergency route is narrow. The requester must show that the requested data is necessary to respond to the public emergency and cannot be obtained by alternative means in a timely and effective manner under equivalent conditions. A data holder should therefore classify the request before discussing any fee.

  • Record whether the request cites Article 15(1)(a) public-emergency response.
  • Do not invoice ordinary technical, export, or handling costs for a qualifying public-emergency request if the data holder is not a microenterprise or small enterprise.
  • If acknowledgement is requested instead of compensation, keep the acknowledgement request and the public body's response in the request file.
Citations
Regulation (EU) 2023/2854 (Data Act)

Articles 15 and 20 set the public-emergency trigger and require covered data holders to provide emergency-response data free of charge, with public acknowledgement on request.

EU Data Act B2G Compensation and Costs

When can fair compensation be claimed for a non-emergency Data Act B2G request?

The Data Act context is the starting point for this answer. For non-emergency exceptional-need requests under Article 15(1)(b), a data holder is entitled to fair compensation for making data available. That route applies only to non-personal data and only where the requesting body acts on a legal public-interest task, identifies specific missing data, and has exhausted other means to obtain it.

The request should not be treated as a shortcut around normal procurement. The Data Act text lists prior market purchase at market rates, existing data-availability obligations, and new legislative measures as examples of means that may need to be exhausted before Article 15(1)(b) is used.

  • Check whether the request is non-emergency Article 15(1)(b), not public-emergency Article 15(1)(a).
  • Confirm the request is limited to non-personal data and states the legal public-interest task.
  • Keep evidence that the public body explained why other routes to the same data were unavailable or insufficient.
Citations
European Commission Data Act FAQ

The Commission FAQ explains that non-emergency Chapter V access should not displace market purchase where data can be bought at market rates.

EU Data Act B2G Compensation and Costs

Which costs can be included in fair compensation for a non-emergency exceptional-need request under the Data Act?

The Data Act context is the starting point for this answer. Article 20 says fair compensation covers the technical and organisational costs incurred to comply with the request and a reasonable margin. The text specifically mentions costs of anonymisation, pseudonymisation, aggregation, and technical adaptation where they apply.

The cost file should therefore show the request-specific work needed to make the data available, not a general price list for the value of the dataset. If the public body asks, the data holder must provide information on the basis for the calculation of costs and the reasonable margin.

  • Separate data extraction, formatting, secure transfer, anonymisation, pseudonymisation, aggregation, and technical-adaptation effort.
  • Do not include unsupported penalty amounts, speculative damages, or fees for data value unless the cited basis supports them.
  • Keep enough calculation detail for the public body to assess the cost basis and margin.
Citations
EU Data Act B2G Compensation and Costs

Are microenterprises and small enterprises treated differently for Data Act B2G compensation?

The Data Act context is the starting point for this answer. Yes. Article 20(1) says data holders other than microenterprises and small enterprises must make public-emergency data available free of charge, while Article 20(3) says the fair-compensation rule also applies where a microenterprise or small enterprise claims compensation.

For non-emergency requests, Article 15(2) removes the Chapter V obligation for microenterprises and small enterprises entirely. A request file should therefore record the holder's size status before any compensation discussion.

  • Record whether the data holder is a microenterprise, small enterprise, or neither.
  • For a public-emergency request, check whether the free-of-charge rule or the micro/small-enterprise rule applies before quoting any fee.
  • If a microenterprise or small enterprise does claim compensation, use Article 20 cost categories instead of a flat fee.
Citations
Regulation (EU) 2023/2854 (Data Act)

Article 15(2) excludes microenterprises and small enterprises from Article 15(1)(b), while Article 20(1) and 20(3) distinguish compensation treatment for public-emergency requests.

European Commission - Data Act explained

The Commission's summary table shows that micro and small companies are exempt from the non-emergency obligation and that their emergency compensation is limited to technical and organisational costs.

EU Data Act B2G Compensation and Costs

Is compensation available for non-emergency requests used to produce official statistics under the Data Act?

The Data Act context is the starting point for this answer. Article 20(4) says data holders are not entitled to compensation for an Article 15(1)(b) request where the specific task is producing official statistics and national law does not allow the purchase of the data.

That carveout is narrow. The request file should show both the official-statistics purpose and the national-law position on purchase before the compensation answer is closed.

  • Ask the requester to identify whether the task is production of official statistics.
  • Record any statement that national law does not allow purchase of the requested data.
  • Do not extend the official-statistics carveout to other public-interest analytics without support in the request.
Citations
EU Data Act B2G Compensation and Costs

How do confidentiality, trade secrets, and personal data affect the cost response under the Data Act?

The Data Act context is the starting point for this answer. The request must respect the data holder's legitimate aims, including trade-secret protection and the cost and effort required to make data available. If trade secrets must be disclosed, Article 19 limits disclosure to what is strictly necessary and requires the data holder or trade-secret holder to identify protected data, including relevant metadata.

Confidentiality and data-protection work can affect the cost calculation when it is needed to comply with a non-emergency request. For example, Article 20 expressly allows costs for anonymisation, pseudonymisation, aggregation, and technical adaptation where applicable. The same controls should also be documented for emergency requests even where the response is free of charge.

  • Identify trade secrets before disclosure and record the technical or organisational confidentiality measures requested or agreed.
  • For personal data in a public-emergency request, record whether anonymisation is possible and, if not, what pseudonymisation and safeguards are required.
  • Tie confidentiality, anonymisation, pseudonymisation, aggregation, or technical-adaptation costs to the request facts rather than using a generic surcharge.
Citations
EU Data Act B2G Compensation and Costs

What records should a data holder keep for Data Act B2G compensation and cost disputes?

The Data Act context is the starting point for this answer. Keep a request file that lets a later reviewer reconstruct the classification and calculation without relying on chat history. The file should include the written request, the Article 15 route, requester identity, data scope, purpose, duration, erasure expectation, sharing recipients, delivery deadline, the data holder's response, and the compensation calculation or free-of-charge rationale.

Article 18 allows a data holder to decline or seek modification without undue delay, with a five-working-day outside limit for public-emergency requests and a 30-working-day outside limit for other exceptional-need requests. Article 20 also gives the receiving body a complaint route to the competent authority if it disagrees with the compensation level.

  • Keep the written request and evidence that it met, or failed to meet, the Article 17 request conditions.
  • Keep any decline, modification request, duplicate-request evidence, delivery record, erasure notice, and confidentiality measures.
  • For compensation disputes, keep the amount requested, cost basis, reasonable-margin explanation, public body's questions, and any competent-authority complaint correspondence.
Citations
Regulation (EU) 2023/2854 (Data Act)

Articles 17, 18, 19, 20, and 21 support the recommended records for request content, response timing, erasure, onward sharing, and compensation disputes.

European Commission Data Act FAQ

The Commission FAQ identifies practical checks for whether a Chapter V request is justified and lawful, including requester identity, scope, purpose, proportionality, and notifications.

EU Data Act B2G Compensation and Costs

What is the main mistake to avoid when responding to a Data Act B2G compensation request?

The Data Act context is the starting point for this answer. The main mistake is quoting a fee before classifying the request. The compensation answer changes depending on whether the request is for public-emergency response, another non-emergency exceptional need, official statistics, or a micro or small enterprise scenario.

A useful response letter should state the request type, the data scope, whether compensation is unavailable or claimed, the cost basis if compensation is claimed, the confidentiality and personal-data safeguards, and the records the data holder will retain. It should not include unsupported penalty amounts or invented fee thresholds.

  • Classify the Article 15 route before discussing price.
  • Explain any claimed compensation through Article 20 cost categories and a request-specific calculation.
  • Escalate unclear or disputed requests through the competent-authority complaint route rather than inventing a fee or refusal basis.
Citations
Regulation (EU) 2023/2854 (Data Act)

Chapter V provides different rules for emergency requests, non-emergency exceptional need, small-business status, official statistics, and compensation disputes.

EU Data Act B2G Compensation and Costs

What Data Act source evidence should teams keep for the B2G Compensation And Costs FAQ decision?

The Data Act source evidence should make the decision auditable later. Keep the legal basis for the request, the route under Article 15, the cost basis under Article 20, any confidentiality measures under Article 19, and the complaint route under Articles 18 and 20 together with the final decision.

That record should be specific enough that a reviewer can see why the response was free, why compensation was limited to technical and organisational costs, or why a request was declined or modified.

  • Map the request to the exact Article 15 category and keep the cited Data Act source URL in the file.
  • Store the requester, data holder, purpose, deadline, cost breakdown, and any acknowledgement or complaint correspondence.
  • Keep the confidentiality or anonymisation measures that were applied so the compensation basis is tied to the actual work performed.
Citations
Regulation (EU) 2023/2854 (Data Act)

Chapter V provides different rules for emergency requests, non-emergency exceptional need, small-business status, official statistics, and compensation disputes.

European Commission Data Act FAQ

The Commission FAQ identifies practical checks for whether a Chapter V request is justified and lawful, including requester identity, scope, purpose, proportionality, and notifications.

EU Data Act B2G Compensation and Costs

How should teams assign ownership for Data Act B2G Compensation And Costs implementation work?

The team should assign one accountable owner who can coordinate legal, procurement, security, and data teams for a Chapter V request. The Data Act asks the request to be handled in a specific, transparent, and proportionate way, so someone has to own the file from intake to closure.

That owner should be responsible for ensuring the request is logged, the compensation route is checked against Article 20, and any competence issues are escalated to the competent authority or data coordinator where needed.

  • Assign one owner for each request file and note the teams consulted on legal, technical, and confidentiality issues.
  • Keep the request log, evidence bundle, and response draft together so the calculation can be reproduced later.
  • Use the competent authority or data coordinator route for unresolved lawfulness or compensation disputes.
Citations
Regulation (EU) 2023/2854 (Data Act)

Chapter V provides different rules for emergency requests, non-emergency exceptional need, small-business status, official statistics, and compensation disputes.

European Commission Data Act FAQ

The Commission FAQ identifies practical checks for whether a Chapter V request is justified and lawful, including requester identity, scope, purpose, proportionality, and notifications.

EU Data Act B2G Compensation and Costs

Which Data Act implementation evidence makes the B2G Compensation And Costs answer usable later?

For Data Act B2G compensation and costs, the most useful evidence is the material that shows why the request met Chapter V and how the compensation number was built. That includes the written request, the Article 15 classification, the Article 20 cost breakdown, and any confidentiality or anonymisation steps.

The file should also preserve the public body's acknowledgement request, any modification or decline notice, and any complaint or authority correspondence, so a later reviewer can understand the full decision path.

  • Keep source URLs, request dates, requester identity, and the legal basis cited in the file.
  • Store the cost workpapers that support extraction, formatting, transfer, anonymisation, pseudonymisation, aggregation, or technical adaptation.
  • Retain any acknowledgement, refusal, modification, or complaint correspondence with the competent authority.
Citations
Regulation (EU) 2023/2854 (Data Act)

Chapter V provides different rules for emergency requests, non-emergency exceptional need, small-business status, official statistics, and compensation disputes.

European Commission Data Act FAQ

The Commission FAQ identifies practical checks for whether a Chapter V request is justified and lawful, including requester identity, scope, purpose, proportionality, and notifications.

EU Data Act B2G Compensation and Costs

When should the Data Act B2G Compensation And Costs FAQ answer be reviewed again by the team?

The Data Act answer should be reviewed whenever the request route changes, the team learns new facts about the data holder's size or control over the data, or the public body starts asking for a different data scope or purpose. The same applies if national law changes the ability to purchase data for official statistics or if the request involves new confidentiality or personal-data constraints.

The team should also revisit the answer after any actual Chapter V request, because the Data Act requires the file to be specific to the request, the compensable work, and the applicable deadline and complaint path.

  • Review after any change in request type, holder size, data scope, or legal basis.
  • Re-check the answer when national law, complaint handling, or acknowledgement practice changes.
  • Set a review trigger tied to the next Chapter V request so the file stays current.
Citations
Regulation (EU) 2023/2854 (Data Act)

Chapter V provides different rules for emergency requests, non-emergency exceptional need, small-business status, official statistics, and compensation disputes.

European Commission Data Act FAQ

The Commission FAQ identifies practical checks for whether a Chapter V request is justified and lawful, including requester identity, scope, purpose, proportionality, and notifications.

EU Data Act B2G Exceptional Need

When does the EU Data Act allow a public-sector body to request business-held data because of an exceptional need?

The EU Data Act allows a Chapter V request only where the requesting public body or EU institution demonstrates an exceptional need to use certain data, including metadata needed to interpret and use it, for a statutory public-interest task. The need must be limited in time and scope.

There are two routes. For a public emergency, the requested data must be necessary to respond to that emergency and unavailable by alternative means in a timely and effective way under equivalent conditions. Outside a public emergency, the request is limited to non-personal data, must support a specific public-interest task explicitly provided by law, and can be used only after other means to obtain the data have been exhausted.

  • Emergency route: necessary data for response to a declared or determined public emergency, including natural disasters, pandemics, or major cybersecurity incidents.
  • Non-emergency route: specific non-personal data needed for a public-interest task such as official statistics or mitigation of or recovery from a public emergency.
  • Not enough: a broad policy interest, routine procurement preference, repeated reporting demand, or request that can be satisfied from public databases, voluntary provision, existing obligations, or market purchase under equivalent conditions.
Citations
Regulation (EU) 2023/2854 (Data Act)

Articles 14 and 15 define the exceptional-need obligation, including the public-emergency route and the separate non-emergency route for non-personal data.

EU Data Act B2G Exceptional Need

Who can make a Data Act B2G exceptional-need request, and who can receive one?

The Data Act context is the starting point for this answer. The request side is limited to public-sector bodies of Member States, the Commission, the European Central Bank, and Union bodies. The receiving side is a data holder that is a legal person, other than a public-sector body, and that holds the requested data.

A public-sector body from one Member State can request data from a data holder in another Member State, but cross-border requests have an extra protection step: the competent authority in the data holder's Member State examines the request under the Article 22 procedure.

  • Verify the requester's identity and whether it is one of the entities allowed to use Chapter V.
  • Confirm that the company controls the requested data at the time of the request; lack of control is a ground to decline or seek modification.
  • For cross-border requests, retain the notification and competent-authority review record before treating the request as ready for fulfilment.
Citations
Regulation (EU) 2023/2854 (Data Act)

Articles 14, 17, 18, and 22 identify the requesting entities, the legal-person data holder, the control-over-data condition, and cross-border examination route.

EU Data Act B2G Exceptional Need

What must a valid EU Data Act B2G exceptional-need request contain?

The Data Act context is the starting point for this answer. A valid request must be written in clear, concise, plain language and must be specific about the data requested, the data holder chosen, the public-interest task, the purpose and intended use, the duration of use, any planned onward sharing, and the deadlines for making data available and for declining or seeking modification.

The request must also justify why the exceptional-need conditions are met, be proportionate in data type, volume, granularity, and frequency of access, respect the data holder's legitimate aims and trade-secret protection, and state the legal provision allocating the relevant public-interest task to the requesting body.

  • Required data scope: data type, relevant metadata, data holder control, granularity, volume, and access frequency.
  • Required legal and purpose scope: exceptional-need basis, public-interest task, legal provision, intended use, duration, and expected erasure timing where possible.
  • Required safeguards: personal-data measures where relevant, trade-secret protection commitment, publication or notification steps, penalties notice, and best efforts to avoid creating liability for the data holder.
Citations
Regulation (EU) 2023/2854 (Data Act)

Article 17 lists the contents and formal requirements for a Chapter V request, including purpose, use, duration, legal basis, deadlines, proportionality, and safeguards.

EU Data Act B2G Exceptional Need

How should a data holder document, share, and review an EU Data Act exceptional-need request?

The Data Act context is the starting point for this answer. A data holder should keep the written request, the basis for accepting or challenging it, the response deadline, the data disclosed or withheld, and the safeguards applied to the transfer. The record should also show any cross-border notification and any competent-authority contact.

If the data holder relies on a refusal or a request for modification, it should record the reason and the relevant Article 18 ground. If the request is fulfilled, the record should include the purpose limitation, security measures, any trade-secret identification, and later erasure or onward-sharing notices.

  • Keep the Article 17 request elements together with the Article 18 response and any authority correspondence.
  • Record whether the request was for a public emergency or another exceptional need, because the response clock is five or 30 working days depending on that distinction.
  • Preserve evidence of erasure, notification, or authorised onward sharing so the file shows how the data was used after disclosure.
Citations
Regulation (EU) 2023/2854 (Data Act)

Articles 17, 18, 19, and 21 set out the request record, response windows, safeguards, erasure duties, and onward-sharing notices that should be retained.

EU Data Act B2G Exceptional Need

Can a Data Act B2G exceptional-need request include personal data?

The Data Act context is the starting point for this answer. For non-emergency requests, only non-personal data may be requested. For public-emergency requests, the request should concern non-personal data first, and personal data may only be included if non-personal data is insufficient to respond to the need. In that case, the data holder must anonymise the data where possible, or pseudonymise it where disclosure of personal data is strictly necessary.

Where personal data is involved, the request must identify the technical and organisational safeguards needed to protect data-protection principles, and the relevant supervisory authority must be notified.

  • Check whether the request is emergency or non-emergency before reviewing any personal-data fields.
  • Require a clear explanation of why non-personal data is insufficient and why the personal-data element is strictly necessary.
  • Keep the anonymisation or pseudonymisation decision, the safeguards named in the request, and any supervisory-authority notification where personal data is involved.
Citations
EU Data Act B2G Exceptional Need

When may a data holder refuse or ask to modify a Data Act B2G exceptional-need request?

The Data Act context is the starting point for this answer. A data holder may decline or seek modification without undue delay, and in any event within five working days for data necessary to respond to a public emergency or within 30 working days for other exceptional-need requests.

The Data Act gives three listed grounds: the data holder does not control the requested data; a similar request for the same purpose was previously submitted by another eligible public body or EU institution and the data holder has not been notified that the earlier data was erased; or the request does not meet the Article 17 requirements.

  • Respond on the correct clock: five working days for public-emergency response data and 30 working days for other exceptional-need requests.
  • If relying on a previous similar request, identify the earlier requesting body or EU institution.
  • If the requester challenges a refusal, or the data holder challenges the request and no modification resolves it, the matter goes to the competent authority where the data holder is established.
Citations
EU Data Act B2G Exceptional Need

How do confidentiality, trade secrets, and onward sharing work for Data Act B2G exceptional-need data?

The Data Act context is the starting point for this answer. Data received under Chapter V does not become open public-sector information for general reuse. It must be used only for the purpose stated in the request, protected with technical and organisational measures, and erased once no longer necessary for that stated purpose unless archiving is required under transparency rules.

Trade secrets may be disclosed only to the extent strictly necessary for the Article 15 purpose. The data holder or trade-secret holder must identify the protected data, including relevant metadata, and the requesting body must take necessary and appropriate measures to preserve confidentiality before disclosure.

  • Do not treat Chapter V data as open data or general public-sector information for reuse.
  • Identify any public bodies, EU bodies, or third parties that will receive the data in the original request or in the later Article 21 notification.
  • For trade secrets, record the identified protected data, confidentiality measures, transfer controls, and the stated purpose that makes disclosure strictly necessary.
Citations
EU Data Act B2G Exceptional Need

Can businesses receive compensation for making data available under a Data Act B2G exceptional-need request?

The Data Act context is the starting point for this answer. For a public-emergency request, data holders other than microenterprises and small enterprises must make the necessary data available free of charge, but may request public acknowledgement. The Commission's explanation states that micro and small companies may ask for reasonable remuneration not exceeding incurred technical and organisational costs, plus public acknowledgement upon request.

For non-emergency exceptional-need requests under Article 15(1)(b), the data holder is entitled to fair compensation covering technical and organisational costs, including anonymisation, pseudonymisation, aggregation, and technical adaptation where applicable, plus a reasonable margin. There is an exception where the task is official statistics and national law does not allow purchase of the data.

  • Separate the compensation record by request type: public emergency or non-emergency exceptional need.
  • For non-emergency requests, document the cost calculation basis and reasonable margin because the requester may ask for it.
  • Do not charge for the data itself; keep compensation tied to the costs and margin allowed by Article 20.
Citations
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