The EACB is pleased to contribute to the public consultation on the draft Guidelines on Reasonable Compensation under the Data Act. The EACB underlines the importance of providing clear and workable principles to ensure legal certainty, proportionality and a balanced allocation of costs and risks between data holders and data recipients.
While supporting the objective of facilitating data the EACB have identified several areas where further clarification is necessary. In particular, the Guidelines should explicitly confirm that they apply only where data must be made available pursuant to the Data Act, and not to voluntary data-sharing arrangements or exchanges required for other legal or supervisory purposes. The EACB also calls for more guidance on how data bundling can be reconciled with the GDPR’s data minimisation principle.
Moreover, the EACB stresses that reasonable compensation should reflect proportionate costs incurred by data holders, including where sensitive non-personal data requires protection.
Finally, the EACB expresses concerns about the proposed enforcement framework, noting that the involvement of multiple avenues for dispute resolution may create legal uncertainty and additional operational complexity for both organisation and authorities.