Open Data in the EU
2. Directive 2019/1024 on open data and the re-use of public sector information
On 25 April 2018, the Commission adopted the 2018 Data Package, addressing for the first time different types of data (public, private, scientific) within a coherent policy framework, making use of different policy instruments. As part of this package, building on the results of a public consultation, together with an extensive evaluation of the Directive and an impact assessment, the European Commission adopted a proposal for a revision of the PSI Directive, which was presented as part of a package of measures aiming to facilitate the creation of a common data space in the EU. The Proposal updated the framework setting out the conditions under which public sector data should be made available for re-use, with a particular focus on the increasing amounts of high-value data that are now available. It aimed to overcome the barriers that still prevent the full re-use of PSI, which, according to the impact assessment, included the following:
- data generated by utilities, transport and publicly-funded research have a high re-use potential, but are not covered by the current rules, even though much of this research is wholly or partly financed by public funds;
- providing real-time access to dynamic data held by public sector entities, for example, using APIs (Application Programming Interface), is rare, although dynamic data are one of the most commercially valid data types;
- several public sector bodies continue to charge well above what is needed to cover reproduction and dissemination costs for the re-use of public sector data. Such charges constitute a market barrier for Small and Medium-sized Enterprises (SMEs);
- public data holders sometimes enter into arrangements with the private sector to derive extra value from their data. This creates the risk of lock-in of public sector data, benefiting large companies and thereby limiting the number of potential re-users of the data in question.
- reduce market entry barriers, particularly for SMEs, by limiting the exceptions that allow public bodies to charge more for the re-use of their data than the marginal costs of dissemination;
- increase the availability of data by bringing new types of public and publicly-funded data into the scope of the Directive, such as data held by public undertakings in the utilities and transport sectors and research data resulting from public funding;
- minimise the risk of excessive first-mover advantage, which benefits large companies and thereby limits the number of potential re-users of the data in question, by requiring a more transparent process for the establishment of public–private data arrangements;
- increase business opportunities by encouraging the dissemination of dynamic data via application programming interfaces (APIs).
- documents held by public undertakings active in the areas defined in Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors and by public undertakings acting as public service operators under Regulation (EC) no. 1370/2007 insofar as they were produced as part of the provision of services in the general interest, as defined by law or other binding rules in the Member State;
- a specific category of documents produced as part of scientific research, namely results of the scientific fact-finding process (experiments, surveys and similar) that are at the basis of the scientific process, while publications in scientific journals continue to be excluded from the scope as they pose additional challenges in terms of rights management.
The Directive entered into force on 16 July 2019. It replaces the Public Sector Information Directive (Directive 2003/98/EC) which dated from 2003 and was subsequently amended by the Directive 2013/37/EU.
The PSI Directive focuses on the economic aspects of the re-use of information rather than on access to information by citizens. It encourages the Member States to make as much information available for reuse as possible. It addresses material held by public sector bodies in the Member States, at national, regional and local levels, such as ministries, state agencies and municipalities, as well as organisations funded mostly by or under the control of public authorities (e.g. meteorological institutes).
Once fully transposed on the national level, the new rules will:
- stimulate the publishing of dynamic data and the uptake of Application Programme Interfaces (APIs).
- limit the exceptions which currently allow public bodies to charge more than the marginal costs of dissemination for the re-use of their data.
- enlarge the scope of the Directive to:
- data held by public undertakings, under a specific set of rules. In principle, the Directive will only apply to data which the undertakings make available for re-use. Charges for the re-use of such data can be above marginal costs for dissemination;
- research data resulting from public funding – Member States will be asked to develop policies for open access to publicly funded research data. New rules will also facilitate the re-usability of research data that is already contained in open repositories.
- strengthen the transparency requirements for public–private agreements involving public sector information, avoiding exclusive arrangements.