COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS "Towards a common European data space"
Date: 2018-04-25
Institutions: Directorate-General for Communications Networks, Content and Technology, European Commission
Subjects: access to information, digital single market, dissemination of information, information, innovation, open data, private sector, public sector, right to reuse information

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 25.4.2018  COM(2018) 232 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS "Towards a common European data space" {SWD(2018) 125 final}  
 
 
1) Introduction  

Data-driven  innovation  is  a  key  driver  of  growth  and  jobs  that  can  significantly  boost 
European competitiveness in the global market. If the right framework conditions are put in 
place, the European data economy could double by 2020.1 

The  Commission  has  already  implemented  key  measures  to  improve  the  framework 
conditions for data-intensive industries. With the General Data Protection Regulation2, the EU 
has created a solid framework for digital trust, a precondition for the sustainable development 
of the data economy. The General Data Protection Regulation guarantees a high level of data 
protection. All those affected by the new rules, which will come into force on 25 May 2018, 
will need to ensure full compliance. To lay the foundations for a future competitive advantage 
based on trusted and accepted data technologies, the free movement of personal data within 
the EU granted by EU data protection rules will be complemented by the free flow of non-
personal data under a proposal for Regulation put forward in September 2017.3 

However, further action is needed in order to improve the efficient use of data across the EU. 
As part of its Digital Single Market strategy, the Commission has taken important steps in this 
direction.  In  January  2017,  it  published  the  Communication  ʻBuilding  a  European  Data 
Economyʼ4, which launched an extensive stakeholder consultation, including a public online 
consultation5.  The  subsequent  mid-term  review  of  the  Digital  Single  Market  strategy6 
announced initiatives on the free flow of non-personal data and on accessibility and re-use of 
public and publicly funded data. It also indicated further measures in the area of private sector 
data that are of public interest. 

Building  on  the  data  protection  legislation  in  force,  the  Commission  is  now  proposing  a 
package  of  measures  as  a  key  step  towards  a  common  data  space  in  the  EU  -  a  seamless 
digital  area  with  the  scale  that  will  enable  the  development  of  new  products  and  services 
based on data. The measures put forward along with this Communication include:  

  a proposal for a review of the Directive on the re-use of public sector information (PSI 

Directive) 7; 

  an  update  of  the  Recommendation  on  access  to  and  preservation  of  scientific 

information8; and 

  guidance on sharing private sector data9.  

1 From 1.99% of EU GDP in 2016 to 4% in 2020, IDC 2017, European Data Market Study, Final Report.  
2 OJ L 119, 4.5.2016, p. 1. 
3 COM(2017) 495 final. 
4 COM(2017) 9 final. 
5 https://ec.europa.eu/digital-single-market/en/news/public-consultation-building-european-data-economy  
6 COM(2017) 228 final. 
7 COM(2018) 234. 
8 C(2018) 2375. 

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This  guidance  builds  on  the  principles  for  data  sharing  between  businesses  and  between 
businesses and the public sector, which are laid down in this Communication. The envisaged 
measures cover different types of data and therefore have different levels of intensity. At the 
same time, they all work towards the broader goal of bringing together data, as a key source 
of  innovation  and  growth,  from  different  sectors,  countries  and  disciplines  into  a  common 
data space.  

2) Reaping the socio-economic benefits of data-driven innovation  

Data is the raw material of the Digital Single Market. It can revolutionise our lives and create 
new  opportunities  for  growth,  including  for  small  and  medium-sized  enterprises.  The 
availability of huge quantities of data, much of which is generated by machines and sensors, 
has an impact on all of us. In fact, there are few areas of our lives that have not already been 
affected  by  the  ongoing  data  revolution.  Optimal  use  of  data  can  help  us  live  healthier  and 
longer lives that are also less stressful and more environmentally friendly. It can also help our 
scientists to develop better models to predict climate change and natural catastrophes.  

The smart use of data has a transformative effect on all sectors of the economy and the public 
sector: 

For instance, in the agricultural sector, analysis of up-to-date weather or soil moisture data 
can  help  maximise  crop  production.  In  manufacturing,  real-time  sensor  data  supports 
predictive maintenance. 

Data-driven innovation can also improve public policy-making, public service provision and 
ease  the  administrative  burden.  It  can  help  with  crisis  management  and  in  developing 
environmental and financial policies. Sharing research data on the outbreak of epidemics can 
advance relevant research much faster and contribute to a more timely response. 

High-resolution satellite data from Copernicus Sentinel satellites contributes to the real-time 
monitoring  of  natural  water  resources  to  prevent  drought  or  pollution.  Such  data  holds 
considerable  benefits  for  public  authorities,  researchers  and  private  companies  in  terms  of 
providing innovative services. 

The economic  impact of data is huge. In  2016, there  were  254,850 data companies10 across 
the EU, a figure that could increase to some 360,000 by 2020 under a high growth scenario. 

Generally speaking, the capability to analyse and learn from  data is rapidly becoming a key 
ingredient in business success and government efficiency. Companies with huge amounts of 

9 SWD(2018) 125. 
10 Organisations whose main activity is producing data-related products, services, and technologies. 

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data  at  their  disposal,  and  with  the  technical  capacity  and  skilled  employees  to  analyse  the 
data, will gain a competitive advantage.11  

Data  is  also  recognised  as  an  increasingly  critical  asset  for  the  development  of  new 
technologies such as Artificial Intelligence (AI) and the Internet of Things (IoT). AI solutions 
hold  remarkable  potential  benefits  for  both  the  public  and  the  private  sector.  The  use  of 
Artificial Intelligence technologies supports productivity and competitiveness in a wide range 
of sectors. It also helps to address societal and environmental challenges, while addressing its 
own  challenges  at  the  same  time.  In  this  context,  in  parallel  with  this  data  package  the 
Commission  is  adopting  the  Communication  ʻMaximising  the  benefits  of  Artificial 
Intelligence  for  Europeʼ,  which  outlines  the  EU  strategy  on  Artificial  Intelligence.  The 
strategy  has  three  dimensions:  boosting  Europe's  technology  and  industrial  capacity, 
preparing  for  socio-economic  changes,  and  ensuring  an  appropriate  ethical  and  legal 
framework.  One  of  the  main  goals  is  to  democratise  Artificial  Intelligence  technology,  in 
order to support not only Artificial Intelligence start-ups but also Artificial Intelligence users, 
including  non-tech  companies  of  any  size.  In  2019,  the  Commission  will  launch  an  AI-on-
demand platform to facilitate access, for European researchers and companies, to high-quality 
Artificial Intelligence tools, data and services. 

Together with this data package, the Commission is also adopting one more initiative that is 
important for the data economy – the "Communication on enabling the digital transformation 
of health and care in the Digital Single Market empowering citizens and building a healthier 
society",  which  concerns  the  potential  of  data  as  a  key  enabler  for  digital  transformation  in 
health and care. Data can increase the well-being of millions of citizens and change the way 
health  and  care  services  are  delivered,  including  personalised  medicine,  early  detection  of 
infectious outbreaks and accelerated development of medicines and medical devices.  

To unlock this potential in the data economy, the EU must take its opportunities to stimulate 
innovation  in  healthcare  solutions  such  as  telemedicine  and  mobile  health  applications,  as 
stated in the mid-term review of the Digital Single Market, and in full compliance with data 
protection legislation. Three key areas have been identified: 

  citizens' secure access to and sharing of health data; 

  better data to promote research, disease prevention and personalised health and care; 

  digital tools for citizen empowerment and for person-centred care. 

In the abovementioned Communication the Commission has outlined actions to be taken in all 
three  areas.  They  include  a  recommendation  on  a  European  exchange  format  for  electronic 

11 OECD, Data-driven innovation. Big Data for Growth and Well-being, 2015. 

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health  records,  a  mechanism  for  voluntary  coordination  in  sharing  data  including  genomic 
data for prevention and personalised medicine research, as well as proposals on the exchange 
of innovative and best practices, capacity building and technical assistance for health and care 
authorities. 

The above measures are also accompanied by a preliminary analysis of issues raised in regard 
to  safety  and liability12 arising from emerging  data-driven digital  technologies,  to  ensure an 
environment  of  trust  and  accountability  through  a  predictable  legal  environment  for 
businesses  and  investors  and  safeguard  protecting  the  rights  of  consumers  and  citizens. 
Together with the relevant initiatives put in place under the Digital Single Market strategy so 
far, these measures will bring the EU into a unique position to benefit from the opportunities 
offered by the data revolution and to develop a thriving, sustainable and secure data economy, 
building on the scale of the internal market, the innovative capacity of European companies, 
and with full respect of European values. 

3) Public and publicly funded data at the service of data-driven innovation  

Access  to  and  re-use  of  public  and  publicly  funded  data  constitute  major  cornerstones  of  a 
common European data space. In the mid-term review of the Digital Single Market strategy, 
the Commission announced that, based on an evaluation of existing legislation and subject to 
an impact assessment13, it would prepare an initiative on accessibility and re-use of public and 
publicly funded data. This section describes the elements of this initiative.  

a) Re-use of public sector information  

Public  sector  bodies  produce  and  collect  huge  quantities  of  data,  which  constitute  valuable 
raw material for the development of innovative digital services and better policy making.  

Public sector information can be used as the basis for a wide range of products and services. 
For example, the iMar application uses information published by state owned ports in Spain 
and combines it with wind forecasts provided by Spain's national weather service. As a result 
users  of  the  application  receive  both  real-time  information  as  well  as  shipping  forecasts  so 
they  can  safely  plan  their  trip  at  sea.  Similarly,  bathymetric  data  originally  collected  by 
national  hydrographic  agencies  for  safe  navigation  have  been  re-used  by  the  EMODnet 
partnership into topographic maps to greatly improve storm surge forecasts in the North Sea. 

The EU has already taken a range of measures to open up government data across the Union 
as  a  key  asset  for  the  data  economy.  Directive  2003/98/EC  on  the  re-use  of  public  sector 

12 Staff Working Documents on the evaluations of both the Machinery Directive and the Product Liability 
Directive and a Staff Working Document on liability for emerging digital technologies. 
13 SWD(2018) 127. 

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information14 has created an EU-wide framework stimulating the cross-border use of publicly 
funded  data  and  help  develop  of  pan-European  data  services  and  products.  This  has  been 
complemented by measures to make it easier to find and use public sector data across borders 
and languages, such as the launch of the European Open Data Portal15. The Commission leads 
by example, with a legal framework for the re-use of its own data16. It is complemented by the 
Open  Data  portal,  which  provides  access  to  data  from  the  EU  institutions  and  other  EU 
bodies17.This framework is one the most advanced re-use regimes in the world, with a default 
rule  whereby  re-use  of  the  Commission's  data  has  to  be  allowed  for  non-commercial  and 
commercial  purposes  without  the  need  for  an  individual  application,  without  charging  the 
re-user, without putting conditions on the re-use and without discriminating between re-users, 
with only very limited, duly justified exceptions.  

The review of the Directive on the re-use of public sector information18  lies at the heart of 
the current data package. The proposed changes will make a real difference by making more 
data available and making data more re-usable. The review has the following objectives: 

 

 

reduce market entry barriers, in particular for small and medium-sized enterprises, by 
lowering charges for the re-use of public sector information; 
increase the availability of data by bringing new types of public and publicly funded 
data into the scope of the Directive: (i) data held by public undertakings in the utilities 
and transport sectors, and (ii) research data; 

  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 arrangements;19 
increase  business  opportunities  by  encouraging  the  publication  of  dynamic  data  and 
the uptake of application programming interfaces (APIs). 

 

Providing  access  to  dynamic  data  via  application  programming  interfaces  is  particularly 
important, as it supports the open data ecosystem, saves time and costs through automation of 
the  download  process,  and  greatly  facilitates  the  re-use  of  data  for  a  wide  range  of  new 
products and services. Sharing data via the correct and secure use of application programming 
interfaces can generate significant added value for different actors of the data value chain. It 

14 Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of 
public sector information. 
15 https://www.europeandataportal.eu/  
16 Commission Decision 2011/833/EU on the re-use of Commission documents. 
17 https://data.europa.eu/euodp/en/home  
18 COM(2018) 234. 
19 The main problem of such arrangements is that they lead to one or very few re-users exploiting the data in 
practice and that this limited re-use is due not to the specifics of the market but to the way in which the public-
private  arrangement  was  concluded.  The  increased  transparency  of  the  process  aims  at  limiting  the  'excessive 
first-mover advantage' by a) allowing any company to learn about the data being available and b) increasing the 
chance of a wider range of re-users actually exploiting the data in question. 

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can also contribute to the creation of valuable ecosystems around data assets whose potential 
is often unused by data holders.   

Currently  the  use  of  application  programming  interfaces  by  public  sector  bodies  is 
insufficient,  and  many  documents  are  still  made  available  as  PDFs.  This  results  in  a  sub-
optimal use of dynamic data from the public sector for the creation of value-added services. 
The proposed changes in the Directive on the re-use of public sector information aim to speed 
up  the  move  of  public  sector  bodies  across  Europe  towards  web-based  functionalities  and 
towards  more  wide-spread  publication  of  dynamic  data  and  the  use  of  application 
programming interfaces. 

The  package  also  contains  the  results  of  the  evaluation  of  the  Database  Directive20.  The 
evaluation21 covers the overall functioning of the two parts of the Directive, copyright and the 
protection  of  databases  by  the  sui  generis  right,  with  more  emphasis  on  assessing  the 
performance  of  the  latter.  This  includes  the  analysis  of  the  relationship  between  the  sui 
generis right established in the Directive and the data economy.  

One  of  the  main  conclusions  in  the  evaluation  is  that  the  sui  generis  right  does  not 
systematically cover big data situations and single-source databases22, thus does not prevent 
problematic  cases  where  certain  right-holders  could  claim  indirect  property  rights  of  digital 
data. Nevertheless, the evaluation indicates that this assumption should be closely tracked in 
the future as questions have emerged within academic and stakeholders' circles, triggered by 
occasional court cases, on whether the sui generis right might in fact apply more broadly than 
what  is  generally  assumed,  for  example  to  machine-generated  data.  The  evaluation  of  the 
Database Directive also tackles the possible interactions between the sui generis right and the 
Directive  on  the  re-use  of  public  sector  information,  an  issue  that  was  also  covered  in  the 
evaluation of the Directive on the re-use of public sector information23. Taking into account 
that such interaction might occur in practice, the proposed review of the Directive on the re-
use  of  public  sector  information  aims  at  clarifying  the  alignment  of  the  provisions  of  both 
instruments. 

The  proposed  review  also  contains  clarifications  concerning  the  relationship  between  the 
Directive  on  the  re-use  of  public  sector  information  and  the  Directive  establishing  an 
Infrastructure for Spatial Information (INSPIRE)24 in order to ensure full coherence between 
these two legal instruments 

20 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of 
databases. 
21 SWD(2018) 146. 
22 A single-source database means that there is no other source to data than by relying on the one database. 
23 SWD(2018) 145. 
24 Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007. 

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Additionally,  under  the  Connecting  Europe  Facility    programme,  the  Commission  will 
continue to support the deployment of a fully-fledged open data infrastructure as a follow-up 
to  the  deployment  of  the  European  Open  Data  Portal25.  This  environment  could  make 
available interoperable data and tools, as well as knowledge and support, in order to maximise 
the re-use of open data by European public administrations and businesses, notably small and 
medium-sized  enterprises,  and  to  build  content  capacity  for  the  European  Artificial 
Intelligence  development.  The  Commission  has  proposed26  that  data  sharing  by  the  public 
sector will also be aided by a Support Centre for data sharing under the Connecting Europe 
Facility programme as from 2019 onwards. 

The  Commission  is  also  considering  further  funding  actions  to  support  the  availability  of 
public  sector  data  for  re-use  after  2020  aimed  at  establishing  a  comprehensive  common 
European data space. 

Finally, the principles on the re-use of public sector information are also taken into account 
when  the  European  Structural  and  Investment  (ESI)  Funds27  support  and  match  local  needs 
leading 
to  e-government  solutions,  modernisation  of 
public  information and administration systems. 

to  efficiency  gains 

thanks 

b) Access to and preservation of scientific information  

Open Science has been identified28, in the context of access to and re-use of publicly funded 
research  results  in  particular,  as  a  crucial  ingredient  in  advancing  science  and  benefiting 
society.  This  was  highlighted  in  the  Council  conclusions  on  the  transition  towards  an  Open 
Science  system29,  in  which  the  Council  called  on  the  Commission,  in  cooperation  with  the 
Open  Science  Policy  Platform  and  in  close  cooperation  with  the  Member  States  and 
stakeholders, to further develop the European Open Science Agenda.  Open Science calls for 
the research processes conducted by any type of researcher (including citizen scientists) to be 
open at all stages, from project design, methodologies and workflows  to the dissemination of 
results,  so  that  research  can  build  on  previous  research  more  easily.  This  increases  quality, 
avoids duplication and makes re-use easier, which ultimately enhances the impact of science 
on  society.  The  Commission  believes  that  it  is  time  to  put  access  to  and  preservation  of 
scientific information in a context of Open Science, building upon its policy on open access 
from 2012. 

25 http://data.europa.eu/europeandataportal. 
26 https://ec.europa.eu/digital-single-market/en/news/connecting-europe-facility-cef-telecom-work-programme-
2018-adopted. 
27 https://cohesiondata.ec.europa.eu. 
28 COM(2018) 22 final. 
29 http://data.consilium.europa.eu/doc/document/ST-9526-2016-INIT/en/pdf. 

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The  Commission  leads  by  example  on  open  access  policy  thanks  to  its  Horizon  2020 
programme rules. It also supports the development of tools and services that underpin Open 
Science, by funding a pan-European portal for the European Open Science Cloud.30  

In  2012,  the  Commission  adopted  a  policy  package  containing  a  series  of  measures  to 
improve  access  to  scientific  information  produced  in  the  Union.  As  part  of  this  package, 
Commission  Recommendation  2012/417/EU  on  access  to  and  preservation  of  scientific 
information31  built  on  the  premise  that  scientific  information  resulting  from  public  funding 
should be accessible and re-usable with as few restrictions as possible.  

The  evaluation  of  the  Recommendation  confirms  that  it  has  been  a  valuable  and  impactful 
tool that remains relevant for policy. However, to make it future-proof, a revision is needed to 
reflect recent developments in research practices, as well as recent EU policy developments. 
As announced in the European Cloud Initiative32 as part of the European Open Science Cloud 
and the mid-term review of the DSM strategy33, the current data package therefore includes 
the review of the Recommendation on access to and preservation of scientific information34.  

The review of the Recommendation is presented in parallel with the review of the Directive 
on  the  re-use  of  public  sector  information35,  which  proposes  to  extend  the  scope  of  the 
Directive to research data and to ensure the coherence and the complementarity between EU 
open  access  and  open  data  policies.  This  therefore  unlocks  the  potential  of  public  sector 
information  and  publicly  funded  research  data  at  the  same  time.  Based  on  the  proposed 
revision of the Directive on the re-use of public sector information, Member States would be 
obliged to  develop  policies  that address  the  area  of  open  access  to  public  and  publicly  held 
research  data and the reviewed Recommendation  on access to  and preservation of scientific 
information  would  provide  guidance  on  the  implementation  of  open  access  to  public  and 
publicly held research data.   

4) Private sector data as a key driver of innovation and competitiveness in Europe  

Access to and re-use of private sector data constitute further major cornerstones of a common 
European data space. In line with the mid-term review of the Digital Single Market strategy, 

30 SWD(2018) 83 final. 
31 C(2012) 4890 final. 
32 COM(2016) 178 final. 
33 COM(2017) 228 final. 
34 C(2018) 2375. 
35 COM(2018) 234. 

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and drawing on the results of the stakeholder consultation a number of principles for private 
sector data sharing to be taken account of can be defined.36 

a) Business-to-business (B2B) data sharing  

The Communication "Building a European Data Economy" raised a number of issues on the 
ever-increasing  amount  of  data.  This  is  often  created  in  an  automated  way  by  machines  or 
processes  based  on  emerging  technologies,  such  as  the  Internet  of  Things.  To  extract 
maximum value from this and other types of private sector data, market players may need to 
be able to access and use such data, also across borders in different scenarios. As identified in 
that  Communication,  non-personal  data  generated  by  Internet  of  Things  objects  in  an 
automated manner pose specific questions as typically the manufacturers of such objects are 
in a privileged position to determine access to and usage of the data generated. Depending on 
the nature of the respective market they may or may not grant access and usage rights to the 
user of the object who may find himself prevented from the usage of data the generation of 
which he triggers. 

The stakeholder dialogue and replies to the online survey37 showed that stakeholders largely 
agree that more business-to-business data sharing would be beneficial. At the same time, they 
take  the  view  that,  at  this  stage  of  the  development  of  the  data  economy,  the  existing 
regulatory  framework  is  fit  for  purpose  and  that  it  is  too  early  for  horizontal  legislation  on 
data sharing in business-to-business relations. The starting point should be to ensure that data 
markets have the best possible conditions to develop on their own, with freedom of contract 
as  a  cornerstone.  In  general,  businesses  should  be  free  to  decide  to  whom  and  under  what 
conditions access can be granted to their non-personal data. In general, stakeholders also do 
not  favour  a  new  'data  ownership'  type  of  right,  with  a  range  of  inputs  indicating  that  the 
crucial  question  in  business-to-business  sharing  is  not  so  much  about  ownership,  but  about 
how access is organised.  

On  the  other  hand,  there  is  strong  support  from  stakeholders  for  non-regulatory  measures, 
such  as  (i)  fostering  the  use  of  APIs  for  simpler  and  more  automated  access  to  and  use  of 
datasets; (ii) developing recommended standard contract terms; and (iii) the provision of EU 
level guidance.  

Taking  into  account  all  the  evidence  currently  available  and  building  on  the  principles 
developed  in  the  Communication  ʻBuilding  a  European  Data  Economyʼ38,  the  Commission 
considers that it is important to acknowledge the fact that data can be re-used without a loss in 

36 SWD(2018) 125  "Guidance on sharing private sector data in the European data economy" consisting of two 
parts: one dealing with data sharing in business-to-business (B2B) relations, and one addressing data sharing in 
business-to-government (B2G) contexts. 
37 https://ec.europa.eu/digital-single-market/en/news/public-consultation-building-european-data-economy  
38 COM(2017) 9 final, p. 11. 

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data  quality  and,  in  many  cases,  without  losing  the  competitive  edge  as  the  same  data  can 
underpin  or  completely  improve  different  products  or  services.  This  applies  in  particular  to 
making  relevant  data  available  for  training  Artificial  Intelligence  applications  —  a  major 
industrial  challenge  in  Europe.  More  companies  could  be  encouraged  to  engage  in  data 
partnerships, i.e. arrangements with other companies designed to make the most out of data by 
as many commercial players as possible.  

The Commission also considers that in order  to ensure fair and competitive markets for the 
IoT objects and for products and services that rely on non-personal machine-generated data 
created  by  such  objects,  the  following  key  principles  should  be  respected  in  contractual 
agreements:  

Transparency:  The  relevant  contractual  agreements  should  identify  in  a  transparent 
a) 
and understandable manner (i) the persons or entities that will have access to the data that the 
product or service generates, the type of such data, and at which level of detail; and (ii) the 
purposes for using such data.  

b) 
Shared  value  creation:  The  relevant  contractual  agreements  should  recognise  that, 
where  data  is  generated  as  a  by-product  of  using  a  product  or  service,  several  parties  have 
contributed to creating the data.  

c) 
Respect for each other's commercial interests: The relevant contractual agreements 
should address the need to protect both the commercial interests and secrets of data holders 
and data users. 

Ensure undistorted competition: The relevant contractual agreements should address 

d) 
the need to ensure undistorted competition when exchanging commercially sensitive data. 

e) 
Minimised data lock-in: Companies offering a product or service that generates data 
as a by-product should allow and enable data portability as much as possible39. They should 
also consider,  where  possible and in line with  the characteristics  of the market they operate 
on, offering the same product or service without or with only limited data transfers alongside 
products or services that include such data transfers.  

As  the  debate  on  business-to-business  data  sharing  is  ongoing  and  more  experience  is 
garnered  over  time,  this  Communication  will  launch  a  further  consultation  process  with 
stakeholders. Based on the analysis of the information gathered, these principles may evolve 
further.  The  Commission  will  continue  to  assess  whether  such  amended  principles  and 
possible  codes  of  conduct  prove  to  be  sufficient  in  order  to  maintain  fair  and  open  markets 
and  will  address  the  situation  if  necessary  by  taking  appropriate  action.  As  a  result  of  the 

39 E.g. data produced by robots in the context of industrial processes, relevant for provision of after-sales services 
(e.g. repair and maintenance), or data on the rating of service providers. 

10 

 
 
                                                            
difference in structure of individual markets, they may  need to be complemented by sector-
specific measures. 

As  part  of  the  Digitising  European  Industry40  initiative,  the  Commission  has  already  taken 
action to support industry, among other things by giving financial assistance to industrial data 
platforms and innovation hubs under the Horizon 2020 programme. As a continuation of these 
efforts,  the  research  and  innovation  measures  under  Horizon  2020  in  2018-202041  (in 
particular  the  ʻindustrial  and  personal  data  platformsʼ)  promote  the  development  of  trusted 
and  secure  platforms  and  privacy-aware  analytics  methods  for  the  secure  sharing  of 
proprietary  industrial  data  and  personal  data  explicitly,  while  facilitating  compliance  with 
relevant legislation (such as data protection legislation). 

The Support Centre for data sharing under the Connecting Europe Facility programme will 
put  in  place  a  set  of  measures  to  make  it  easier  to  share  private  sector  data  in  addition  to 
public  sector  data.  It  will  offer  know-how  and  assistance  on  data  sharing  by  providing  best 
practice  examples  and  information  on  APIs,  existing  model  contracts  and  other  legal  and 
technical  aspects.  It  will  also  help  in  further  developing  the  guidance  set  out  in  the  staff 
working  document  accompanying  this  communication42;  checklists  and,  if  it  is  considered 
useful, model contract clauses could be developed. The work will take into account the results 
of the Interoperability Programme for the period 2016-2020 (ISA2). 

The  Commission  will  also  explore  further  the  fostering  of  application  programming 
interfaces  in,  for  example,  e-government  and  actions  surrounding  the  use  of  the  once  only 
principle. Today, many companies have large assets of unused data and they do not have the 
resources  or  the  capacity  to  analyse  the  data  or  to  create  commercially  interesting  services 
around their data. With a suitable use of application programming interfaces, this may open 
up  for  the creation  of  start-up  ecosystems,  drawing  value  from  an  unused  asset  and  helping 
the host companies to create new services and products. This has been the case in the financial 
sector  where  the  access  to  certain  bank  data,  via  the  use  of  well  designed  application 
programming interfaces, has opened up for a whole new ecosystem of financial services like 
personalised advice on daily spending patterns, all under the control and management of the 
financial  institutions  that  would  not,  otherwise,  offer  such  services.  The  set-up  and  use  of 
application  programming  interfaces  needs  to  be  based  on  several  principles:  stability, 
maintenance over the lifecycle, uniformity of use and standards, user-friendliness as well as 
security. 

Finally,  the  Commission  will  continue  to  facilitate  tests  and  demonstrations  in  selected 
areas,  for  example  for  the  large-scale  deployment  of  connected  and  automated  mobility  on 

40 COM(2016) 180 final. 
41 http://ec.europa.eu/research/participants/data/ref/h2020/wp/2018-2020/main/h2020-wp1820-leit-ict_en.pdf. 
42 SWD(2018) 125. 

11 

 
 
                                                            
digital  cross-border  corridors.  The  work  on  these  corridors  results  from  the  Letter  of  Intent 
signed by 29 Member States and EEA countries, the Frankfurt Round Table with industry and 
Member  States  and  the  Digital  Day  2018,  where  EU  and  EEA  Member  States  and  relevant 
industry stakeholders signed up for these actions.  The experience on these corridors will inter 
alia  test  the  technical  and  legal  means  of  access  to  and  reuse  of  in-vehicle  data  and  other 
commercial  relevant  data  in  the  connected  and  automated  mobility  eco-system  and  the 
experiences may contribute to further EU guidance addressing this aspect of the Digital Single 
Market.  

b)  Access  to  private  sector  data  for  public  interest  purposes  –  business-to-government 
(B2G) data sharing 

The  Commission  is  also  examining  data  sharing  between  businesses  and  the  public  sector. 
Public  sector  bodies  have  started  to  assess  the  potential  of  data  analytics  to  guide  policy 
decisions or improve public services by deploying a significant number of pilots.  

Data  held  by  companies,  such  as  telecoms  operators,  online  platforms,  car  manufacturers, 
retailers or social media is highly relevant in this context. Its use can, for example, lead to a 
more targeted response to epidemics, better urban planning, improved road safety and traffic 
management,  as  well  as  better  environmental  protection,  market  monitoring  or  consumer 
protection. 

When  compiling  official  statistics,  analysis  of  such  data  can  be  more  cost-efficient  and 
produce  faster  outcomes  on  aspects  such  as  population  movements,  prices,  inflation,  the 
internet economy, energy or traffic. This can also lower the burden on  companies and citizens 
by  avoiding  survey  questionnaires.  The  2017  Communication  ʻBuilding  a  European  Data 
Economyʼ43  discussed these  opportunities,  and  in  the  mid-term  review  of  the  Digital  Single 
Market strategy the Commission committed to exploring this issue further.  

The  results  of  the  consultation  undertaken  in  the  context  of  the  review  of  the  Directive  on 
re-use  of  public  sector  information44  showed  support  for  the  idea  of  improving  access  to 
private  sector  data  for  public  authorities  and  scientific  purposes  in  general.  However,  data 
holders pointed to the need to address a number of issues, including compensation, allowing 
to recover the investments made into collecting or adapting the data. 

Any action taken in this respect shall be fully compliant with the legislation on the protection 
of personal data. 

43 See also: Commission Staff Working Document SWD(2017) 2 final. 
44 COM(2018) 234. 

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Taking into account the existing experience and the results of the consultation of stakeholders, 
the Commission considers that the respect of the following key principles could support the 
supply of private sector data to public sector bodies under preferential conditions for re-use.  

a) 
Proportionality  in  the  use  of  private  sector  data:  Requests  for  supply  of  private 
sector  data  under  preferential  conditions  for  re-use  should  be  justified  by  clear  and 
demonstrable  public  interest.  The  request  for  private  sector  data  should  be  adequate  and 
relevant  to  the  intended  public  interest  purpose  and  be  proportionate  in  terms  of  details, 
relevance and data protection. The cost and effort required for the supply and re-use of private 
sector data should be reasonable compared with the expected public benefits. 

b) 
Purpose limitation: The use of private sector data should be clearly limited for one or 
several  purposes  to  be  specified  as  clearly  as  possible  in  the  contractual  provisions  that 
establish  the  business-to-government  collaboration.  These  may  include  a  limitation  of 
duration  for  the  use  of  these  data.  The  private  sector  company  should  receive  specific 
assurances  that  the  data  obtained  will  not  be  used  for  unrelated  administrative  or  judicial 
procedures;  the strict legal and ethical provisions governing statistical confidentiality in the 
European Statistical System could serve as a model in this regard. 

c) 
ʻDo no harmʼ: Business-to-government data collaboration must ensure that legitimate 
interests, notably the protection of trade secrets and other commercially sensitive information, 
are respected. Business-to-government data collaboration should allow companies to continue 
being  able  to  monetise  the  insights  derived  from  the  data  in  question  with  respect  to  other 
interested parties.  

Conditions  for  data  re-use:  business-to-government  data  collaboration  agreements 
d) 
should seek to be mutually beneficial while acknowledging the public interest goal by giving 
the public sector body preferential treatment over other customers.  

This should be reflected in particular in the level of compensation agreed, the level of which 
could be linked to the public interest purpose pursued.  

Business-to-government  data  collaboration  agreements  that  involve  the  same  public 
authorities performing the same functions should be treated in a non-discriminatory way. 

Business-to-government data collaboration agreements should reduce the need for other types 
of  data  collection  such  as  surveys.  This  should  reduce  the  overall  burden  on  citizens  and 
companies.  

Mitigate  limitations  of  private  sector  data:  To  address  the  potential  limitations  of 
e) 
private  sector  data,  including  potential  inherent  bias,  companies  supplying  the  data  should 
offer reasonable and proportionate support to help assess the quality of the data for the stated 
purposes,  including  through  the  possibility  to  audit  or  otherwise  verify  the  data  wherever 

13 

 
 
appropriate. Companies should not be required to improve the quality of the data in question. 
Public bodies, in turn, should ensure that data coming from different sources is processed in 
such a way to avoid possible ʻselection biasʼ.  

f) 
Transparency  and  societal  participation:  business-to-government  collaboration 
should be transparent about the parties to the agreement and their objectives. Public bodies’ 
insights and best practices of business-to-government collaboration should be made publicly 
available as long as they do not compromise the confidentiality of the data.  

The  Commission  will  organise  a  high-level  round  table  on  access  to  private  sector  data 
for public interest reasons to further reflect on this topic. Due attention will be paid to the 
advanced degree of maturity of the discussion in some domains (e.g. the re-use of such data 
for  official  statistics).  The  principles  above  will  be  proposed  as  the  basis  for  further 
discussions  with  stakeholders.  The  Commission  will  continue  to  assess  whether  these 
measures prove to be sufficient in facilitating business-to-government data sharing and it will 
address the situation if necessary by taking appropriate action, including possible measures in 
specific sectors. 

5) Conclusion  

In  this  Communication the  Commission  has  presented  measures  that  will  make  it  easier  for 
businesses  and  the  public  sector  to  access  and  re-use  data  coming  from  different  sources, 
sectors and disciplines in the EU. Together with the initiatives that are already in place, such 
as the new regulatory framework for the protection of personal data that enters into force in 
May 2018, the proposal on the free flow of non-personal data and the initiatives on boosting 
connectivity and encouraging high-performance computing, these measures will create a truly 
European  common  data  space  supported  by  both  EU-wide  policy  measures  and  targeted 
research  and  innovation  funding.  These  are  essential  for  EU  economic  growth  and 
competitiveness. 

The Commission calls on the co-legislators to work towards a rapid adoption of the legislative 
element  of  the  proposed  data  package45  to  ensure  that  the  EU  can  fully  benefit  from  the 
opportunities  offered  by the data economy.  It also  calls  on the  Member  States  and all  other 
stakeholders to contribute to the announced measures and initiatives. 

45 COM(2018) 234. 

14