45. Could the new rights under the Data Act endanger data holders’ existing business models because a public sector body could request the data instead of purchasing it?

There is little risk of current business models being seriously affected. This is because - in all situations other than an exceptional need for data to directly respond to a public emergency, and where an option of purchasing non-personal data is available to the public body - the data will need to be purchased at the market price (note the exception in Article 15(3) of the Data Act). A public sector body can rely on the process outlined in Article 15(1)(b) only if it has been unable to obtain the non-personal data - either because the data cannot be purchased or because the public sector body made an unsuccessful attempt to buy it at the market rate (e.g. via procurement).