Recital 18

(18) The use and re-use of information that is publicly accessible on ESAP can improve the functioning of the internal market and promote the development of new services that combine and make use of such information. It is therefore necessary, where justified on the grounds of a public interest objective, to allow for the use and re-use of the information that is accessible on ESAP for purposes other than those for which the information was drawn up. Such use and re-use of information should, nonetheless, be subject to objective and non-discriminatory conditions. Moreover, conditions corresponding to those laid down in open standard licences within the meaning of Directive (EU) 2019/1024 of the European Parliament and of the Council (7), allowing for data and content to be freely accessible, used, modified and shared by anyone for any purpose, should apply where appropriate. Entities submitting their information to a collection body for it to be made accessible on ESAP should not limit the use and re-use of that information for regulatory and non-commercial purposes on the basis of a sui generis right, without prejudice to Union law on copyright and other related rights. Neither ESMA nor the collection bodies should bear any liability for the access, use or re-use of information accessible on ESAP, without prejudice to the principles of non-contractual liability laid down in Article 340 of the Treaty on the Functioning of the European Union (TFEU).

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.