Cap. 546 Art. 8AResearch data.

(1) Without prejudice to paragraph (b) of article 3, research data shall be re-usable for commercial or non-commercial purposes in accordance with articles 13 to 23 (both articles included), insofar as they are publicly funded and researchers, research performing organisations or research funding organisations have already made them publicly available through an institutional or subject-based repository. In that context, legitimate commercial interests, knowledge transfer activities and pre-existing intellectual property rights shall be taken into account.

(2) Publicly funded research data shall be made openly available, following the principle of open by default and the FAIR principles.

(3) Concerns relating to intellectual property rights, personal data protection and confidentiality, security and legitimate commercial interests, shall be taken into account in accordance with the principle of "as open as possible, as closed as necessary". Open access policies shall be addressed to research performing organisations and research funding organisations.