Open Data (PSI) (PSI)
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Summary
Directive (EU) 2019/1024 on open data and the re-use of public sector information (the Open Data Directive) sets minimum rules to facilitate the re-use of documents held by public sector bodies and certain public undertakings. It strengthens requirements for making data available in open, machine-readable formats and introduces the concept of “high-value datasets” that must be available free of charge under standard open licences, including via APIs where appropriate. It also limits exclusive arrangements and regulates charging for re-use.
Who is affected?
Public sector bodies (at national, regional and local level) and certain public undertakings in the water, energy, transport and postal services sectors that hold documents/data. It also affects businesses, researchers, civil society and other re-users that access and re-use such data, including providers relying on dynamic (real-time) data via APIs.
Scope
Applies to the re-use of existing documents held by public sector bodies and certain public undertakings, subject to exclusions (e.g., documents outside the public task, protected by third-party IP, or restricted for confidentiality/security reasons).
Key Points
- Establishes minimum rules for re-use of public sector documents and promotes open data by default where possible.
- Requires, where feasible, availability in open, machine-readable formats together with metadata, and encourages use of APIs for dynamic data.
- Introduces “high-value datasets” to be made available free of charge, in machine-readable form, via APIs and bulk download, under open licences (as specified by implementing acts).
- Limits exclusive arrangements for re-use; where permitted, they must be transparent, time-limited and subject to review.
- Charging for re-use is generally limited to marginal costs, with defined exceptions (including for certain public undertakings and cost-recovery models).
- Includes non-discrimination and transparency obligations for conditions and charges, and encourages standard licences.
Key Deadlines
- — Transposition deadline for Member States
Related Regulations
Frequently Asked Questions
Who must comply with the Open Data (PSI) Directive?
Public sector bodies at national, regional, and local levels, as well as certain public undertakings in the water, energy, transport, and postal services sectors, must comply. The Directive also affects entities that re-use public sector data, such as businesses, researchers, and civil society organizations.
What types of data are covered by the Directive?
The Directive applies to existing documents held by public sector bodies and certain public undertakings, provided these documents are within the scope of their public task. Exclusions include documents protected by third-party intellectual property, those outside the public task, or those restricted for confidentiality or security reasons.
What are 'high-value datasets' under the Directive?
High-value datasets are specific categories of data identified by the European Commission as having significant potential for re-use and societal benefit. These datasets must be made available free of charge, in machine-readable formats, via APIs and bulk download, under open licences.
What are the main obligations for public sector bodies?
Public sector bodies must make documents available for re-use in open, machine-readable formats with relevant metadata, where feasible. They must also ensure transparency, non-discrimination, and limit exclusive arrangements for data re-use.
Are there restrictions on charging for re-use of data?
Yes, charges for re-use are generally limited to marginal costs of reproduction, provision, and dissemination. Exceptions exist for certain public undertakings and cases where cost-recovery models are justified, but these must be transparent and justified.
How does the Directive address exclusive arrangements for data re-use?
Exclusive arrangements for re-use are generally prohibited. Where permitted, they must be transparent, justified, time-limited, and subject to regular review to ensure fair access for all potential re-users.
What timelines apply for making data available?
The Directive requires that requests for re-use be processed promptly and within reasonable timeframes, typically aligned with national laws implementing the Directive. High-value datasets must be made available as specified by implementing acts.
How does the Directive interact with other regulations, such as GDPR?
The Directive does not override data protection laws like the GDPR. Data subject to confidentiality, personal data protection, or third-party intellectual property rights remains protected and is excluded from mandatory re-use.
What practical steps should public sector bodies take to comply?
Public sector bodies should inventory their data holdings, assess which documents are eligible for re-use, ensure data is available in open, machine-readable formats, and adopt standard open licences. They should also establish transparent procedures for handling re-use requests and review any exclusive agreements.
Key Terms
- High-value datasets
- Categories of data identified by the European Commission as particularly valuable for society and the economy, required to be made available free of charge, in machine-readable formats, and via APIs and bulk download.
- Machine-readable format
- A file format structured so that software applications can easily identify, recognize, and extract specific data, enabling automated processing.
- Open licence
- A licence that allows anyone to access, use, modify, and share data freely, subject to minimal conditions, promoting maximum re-use.
- API (Application Programming Interface)
- A set of protocols and tools that allow different software applications to communicate and access data, particularly important for providing real-time or dynamic data.
- Marginal cost
- The cost incurred by a public sector body to reproduce, provide, and disseminate documents for re-use, typically minimal and forming the basis for allowable charges under the Directive.
- Exclusive arrangement
- An agreement granting a single entity the exclusive right to re-use certain public sector data, which is generally prohibited except under specific, justified, and time-limited circumstances.
- Public task
- The official functions, duties, and activities carried out by a public sector body, which define the scope of documents subject to the Directive.
- Metadata
- Data that describes and provides information about other data, facilitating discovery, understanding, and re-use of datasets.
- Public undertakings
- Entities operating in sectors such as water, energy, transport, and postal services, which are subject to certain obligations under the Directive regarding the re-use of their data.
- Re-use
- The use by persons or legal entities of documents held by public sector bodies or public undertakings, for commercial or non-commercial purposes other than the initial public task for which the documents were produced.