FAIR, FRAND and open - The institutionalization of research data sharing under the EU data strategy

As part of its Open Science agenda, the EU is mainstreaming open access to research data through a mix of instruments. The reforms are an attempt to institutionalise calls from several sectors and organisations for publicly funded research to be generally accessible without restraint on the basis that science should never be locked behind paywalls. The Open Data Directive in particular is intended to foster unhindered and non-discriminatory access to data derived from publicly funded research for both commercial and non-commercial uses. Open content licensing plays a key role. The recent Data Governance Act and the proposed Data Act further institutionalise research data governance. This chapter examines the significance of these developments for academic research, particularly from the perspective of academic freedom which is a core element of scholarship.