European Union: European Commission closes consultation on guidelines on calculation of reasonable compensation under Data Act

On 20 February 2026, the European Commission closes the consultation on the draft guidelines for the calculation of reasonable compensation under Article 9 of the Data Act. The draft guidelines clarify how data holders should calculate compensation when sharing data under legal obligations imposed by the Data Act, applying fair, reasonable, and non-discriminatory principles to mandatory business-to-business data sharing across all sectors. Compensation remains optional, as data holders may choose to share data free of charge, and any margin reflecting profit or a fair return on investment is likewise not mandatory. The framework distinguishes between costs directly incurred in making data available and broader investments in data collection and production. Only incremental, objective, measurable, and proportionate costs may be passed on, while overheads, sunk costs, and ordinary business expenses are excluded. Investments in data collection and production may be considered when setting a margin for certain recipients, but only to the extent that they have not already been recovered through product sales or user contributions to data generation. SMEs and non-profit research organisations benefit from preferential treatment, as they may only be charged costs directly linked to their specific request, without any upfront infrastructure costs or margin. The draft guidelines also stress transparency, allowing data recipients to request information on how compensation is calculated to verify compliance with fair, reasonable, and non-discriminatory principles. Data holders are expected to document their compensation practices while protecting commercially sensitive information, and disputes may be addressed through courts, certified dispute settlement bodies, or complaints to competent authorities with cross-border cooperation responsibilities.