The Data Act: what compensation may I charge for sharing data (FRAND)?
Adopted 2026-06-16 · ≈ 2 min read · 
edited by Dirk Baaijen
If the Data Act obliges you to share data, you may charge a reasonable fee based on your costs of making the data available, plus a reasonable margin. For SMEs and non-profits: only the direct costs. Terms must be fair and non-discriminatory (FRAND).
Short answer: If you are a data holder obliged to make data available to a recipient, you may charge a reasonable fee for doing so. That fee is based on your costs of making the data available, possibly with a reasonable margin. For SME and non-profit recipients, you may charge no more than the direct costs.
When does this apply?
The Data Act (Regulation (EU) 2023/2854) requires data holders, in certain situations, to make data available to a recipient, for example at the request of a user of a connected product. Where you make data available under such an obligation, the rules below apply. You must do so under fair, reasonable and non-discriminatory terms (FRAND) and in a transparent manner (Art. 8).
What is reasonable compensation?
Article 9 governs the level of the fee. The essentials:
- Cost-based. The fee may cover the costs you incur to make the data available, such as technical processing, storage, distribution and the required format.
- Reasonable margin. On top of those costs you may add a reasonable margin, provided it is proportionate.
- SMEs and non-profits. Where you make data available to an SME recipient or a non-profit research organisation, you may charge no more than the direct costs of making the data available. A margin is not permitted in that case.
- Transparency. You must clearly explain to the recipient how the fee is calculated, so that it can be verified.
What is not allowed?
- Discrimination. You may not treat comparable recipients differently without objective justification.
- Erecting barriers. A fee so high or opaque that it effectively blocks data sharing is not reasonable.
- Imposing unfair terms. Article 13 prohibits unilaterally imposed, unfair contractual terms between businesses. A term that grossly deviates from good commercial practice and is contrary to good faith is not binding.
In practice
Document your cost build-up in advance and apply a consistent, traceable method for all recipients. Assess separate rates for SMEs and non-profits on their own footing. This is how you meet FRAND and avoid disputes about reasonableness.
Read more: the Transport & Logistics overview. Take the scan.
Sources
- https://eur-lex.europa.eu/eli/reg/2023/2854/oj
Regulation (EU) 2023/2854 (Data Act), Arts 8-9, 13: FRAND, compensation, unfair terms.
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