“Both the EP and Council texts contain amendments concerning the role of Open Access Common resources. In response to the initial DGA consultation, we submitted feedback to the Commission where we highlighted the fundamental role played by these resources in the overall data ecosystem. To safeguard this key function, it is important that Open Access Commons resources are not negatively affected by the DGA.
The Parliament’s text contains an addition in recital 37a stipulating that the provisions established by the DGA are without prejudice to the ability of non-profit organizations to make data and content available to the public under open licenses. This amendment would clearly signal that Open Access Common resources fall outside the scope of the DGA. As such, it would recognize their key role in today’s digital ecosystem.
The Council text includes a new definition of data intermediaries stipulating that only for-profit services fall into this category. If included in the final compromise, this addition would ensure that existing Open Access Resources, like Wikipedia or Europeana – which are generally recognized as not-for-profit – are not subject to the requirements that the DGA will impose on intermediaries.
Taken together, these two modifications would ensure that Open Access Commons resources are not subject to additional requirements that could endanger their modus operandi. To safeguard their position in the DGA and increase legal clarity, both Council’s and Parliament’s contributions therefore need to be included in the final text….”