Recital 75

When the safeguarding of a significant public good is at stake, such as responding to public emergencies, the public sector body, the Commission, the European Central Bank or the Union body concerned should not be expected to compensate enterprises for the data obtained. Public emergencies are rare events and not all such emergencies require the use of data held by enterprises. At the same time, the obligation to provide data might constitute a considerable burden on microenterprises and small enterprises. They should therefore be allowed to claim compensation even in the context of a public emergency response. The business activities of the data holders are therefore not likely to be negatively affected as a consequence of the public sector bodies, the Commission, the European Central Bank or Union bodies having recourse to this Regulation. However, as cases of an exceptional need, other than cases of responding to public emergencies, might be more frequent, data holders should in such cases be entitled to a reasonable compensation which should not exceed the technical and organisational costs incurred in complying with the request and the reasonable margin required for making the data available to the public sector body, the Commission, the European Central Bank or the Union body. The compensation should not be understood as constituting payment for the data itself or as being compulsory. Data holders should not be able to claim compensation where national law prevents national statistical institutes or other national authorities responsible for the production of statistics from compensating data holders for making data available. The public sector body, the Commission, the European Central Bank or the Union body concerned should be able to challenge the level of compensation requested by the data holder by bringing the matter to the competent authority of the Member State where the data holder is established.