Overall, it is mandatory to make the data from publicly funded research available to the public. However, there are cases where there may be restrictions on access to data. In such cases, the data may be:

• Open: according to the licence of use.
• Restricted: must be requested from the responsible person.
• Embargoed: a period of time during which open access is not permitted, as decided by the publisher of the work and the research data.
• Closed: they contain data of a personal nature or that affect the privacy, fundamental rights and public freedoms of individuals, if it is not possible to anonymise them. The participants in study must consent to share their personal data.

Horizon Europe

Horizon Europe is the name given to the research and innovation funding programme for the period 2021-2027, with a budget of €95.5 billion to finance projects aimed at strengthening science and technology, boosting industrial competitiveness and achieving the UN Sustainable Development Goals.
The Horizon Europe Regulation, which defines the rules for participation in and dissemination of the programme, stipulates that:

Provisions should be laid down to ensure that beneficiaries provide open access to peer-reviewed scientific publications. Likewise, it should be ensured that beneficiaries provide open access to research data following the principle 'as open as possible, as closed as necessary', while ensuring the possibility of exceptions taking into account the legitimate interests of the beneficiaries. More emphasis should in particular be given to the responsible management of research data, which should comply with the principles of 'findability', 'accessibility', 'interoperability' and 'reusability' (the 'FAIR principles'), in particular through the mainstreaming of data management plans.

 

National Plan

The National Plan for Scientific, Technical and Innovation Research (PEICTI) 2021-2023 funds R&D&I activities in Spain. One of the guiding principles of the PEICTI is:

Open access to the results, understood as scientific publications and research data, of activities financed with public funds [...]. Work funded by PEICTI and published in academic journals must be deposited in digital form in an open access institutional or thematic repository. In addition, research data should follow the FAIR principles and, whenever possible, be disseminated in open access.
 

[Note: direct translation from the text of the National Plan]

The PEICTI is based on the Spanish Strategy for Science, Technology and Innovation 2021-2027. This strategy was created to align Spanish R&D&I policy with European Union science policy. One of the objectives of the strategy is to promote open access to research results, making data findable, accessible, interoperable and reusable (FAIR). Dissemination in the scientific community and the efforts of open repositories will facilitate access to scientific advances to society.

 

Complutense University of Madrid Institutional Policy on Open Access to Scientific and Academic Production

On 27 May 2014, the Complutense University of Madrid Governing Council approved the mandate of open access to the publications of the university community in the following terms:

In order to promote the visibility and impact of its publications, the Complutense University of Madrid is committed to disseminating the scientific and academic output of its university community as widely as possible. As a result, the university strongly supports the green route of open access, which consists of depositing data of publications and research data in institutional and thematic repositories.

 

[Note: direct translation from the text of the CUM Institutional Policy]

 

Editorial policies

Most scientific publishers require that the data on which research results are based be made openly available in data repositories in order to facilitate the peer-review process, facilitate reproducibility, increase trust in science, etc.

The research data access policy of the following publishers can be found below: