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When published under a non-commercial license, is data still protected?

It is the data providers who decide who to trade or exchange data with and the conditions to apply. They can choose among several standard, EU-compliant licence models and offer the data free of charge or for a fee. 

In any case, data providers remain always in control of their own data, as they don't have to upload it to central repositories. The data remains safe on the providers' server.