The concept of the free use of research data within the Pilot may conflict with data protection rules if such data contain personal data. Data protection rules are always applicable when personal data is processed. The term ‘processed’ is all-encompassing and any operation with personal data not qualifying as processing is almost unthinkable.  Anonymisation of personal research data is the only effective solution to comply with both the data protection legislation and the requirements of the Open Research Data Pilot.  

Οbtaining the consent of the data subject to use and exchange their data may seem an alternative. However, the Pilot demands that data be made openly available to the broad public and for all forms of reuse, whereas Directive 95/46/EC demands that the purpose for processing must be defined as precise as possible.

Remember that opting out of the Pilot is possible, provided that you justify  in the Data Management Plan why the data or part of the data can’t be shared openly.

More information in this OpenAIRE briefing paper.