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1. Neither ESMA nor the collection bodies shall bear any liability for the access, use or re-use of information submitted by entities to the collection bodies and made accessible on ESAP.

2. Personal data accessible on ESAP shall be used and re-used in accordance with Regulation (EU) 2016/679. Any personal data that is re-used shall not be retained for longer than necessary and in any event for no longer than five years, unless otherwise provided in Union legislative acts under Article 1(1), point (a), of this Regulation.

3. ESMA shall ensure that the use and re-use of information accessible on ESAP is not subject to any conditions unless those conditions fulfil the following requirements:

(a) they are objective and non-discriminatory;

(b) they are justified on the grounds of a public interest objective;

(c) where appropriate, depending on the type of information, they correspond to the conditions laid down in open standard licences within the meaning of Article 2, point (5), of Directive (EU) 2019/1024, and allow the free use, modification and sharing of that information by anyone and for any purpose.

4. The use and re-use for regulatory and non-commercial purposes of the information made accessible on ESAP shall not be limited by entities submitting their information for publication on the basis of a sui generis right referred to in Article 7(1) of Directive 96/9/EC.