Research Infrastructures within the Photon and Neutron science community have a significant track record in publishing and implementing data policies to support the access and use of experimental data generated by the user. Recent developments within European science policy, in particular the drive towards supporting FAIR data in the European Open Science Cloud has meant that it is timely to review and revise these data policies. The PaNOSC project has developed a new PaNOSC Data Policy Framework with the contribution of ExPaNDS partners. The aim of this Deliverable 2.1: Draft extended data policy framework for photon and neutron research infrastructures is to reflect upon and extend that work. We review the FAIR data policy landscape at European and national levels, consider the current state of data policy adoption and implementation at ExPaNDS partner facilities, and examine existing FAIR ecosystem data policy recommendations, in particular, from the Turning FAIR into reality report and the recent FAIRsFAIR Deliverable 3.3: Policy enhancement recommendations In response, we make twenty-six recommendations of our own that serve to translate these recommendations to the local level of photon and neutron research infrastructures. As the report’s key output, we present thirty elements that should inform a data policy framework for photon and neutron research infrastructures. These focus on enabling FAIR data and are those elements about which RIs need to make choices — both on the level of commitments that they themselves are prepared to make as well as with regards to the obligations that they will place on users. We conclude with some next steps that will inform the final version of this deliverable: D2.3 Final data policy for photon and neutron research.