The European Commission has launched a public consultation on its draft guidelines for calculating “reasonable compensation” under Article 9 of the Data Act, inviting feedback until 20 February 2026.

The guidelines aim to bring greater clarity and legal certainty for businesses by setting out good practices and key parameters for determining, assessing and calculating compensation when data holders share data with recipients. A clear framework is expected to help organisations better understand their rights and obligations and reduce ambiguity in applying the new rules.

Developing these guidelines is seen as essential for the effective implementation of the Data Act, which seeks to boost the European data economy while safeguarding fairness and competition.

Stakeholders can download the draft proposal and submit comments to CNECT-DATA-ACT@ec.europa.eu by the consultation deadline. The Commission will also host a webinar on 10 February, offering an additional opportunity for stakeholders to discuss the draft and provide input.

The Data Act’s main objective is to remove barriers to data sharing while preserving incentives for those who invest in data technologies. In this context, the right of data holders to request reasonable compensation is key to ensuring a fair distribution of the economic burden associated with enabling access to and use of data.

This is particularly relevant given that Article 9(4) of the Data Act grants preferential treatment to micro, small and medium-sized enterprises and non-profit research organisations, including limits on compensation. The guidelines therefore aim to clarify which cost elements can be included when calculating compensation.