Data Act, Article 13(1): unfair terms unilaterally imposed on an enterprise (Regulation (EU) 2023/2854, Art 13(1))
Only data-related terms are tested: terms on access to and use of data, and terms on liability and remedies for breach or termination of data-related obligations. An unfair one does not bind the enterprise it was imposed on.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“A contractual term concerning access to and the use of data or liability and remedies for the breach or the termination of data related obligations, which has been unilaterally imposed by an enterprise on another enterprise, shall not be binding on the latter enterprise if it is unfair.”
Where it was read
Also read from the same source
- Data Act, Article 13(3) and (4): the general test and the terms that are always unfair (Regulation (EU) 2023/2854, Art 13(3), 13(4)(a)-(b))
- Data Act, Article 13(5): terms presumed unfair (Regulation (EU) 2023/2854, Art 13(5)(a)-(c))
- Data Act, Article 13(6): when a term is 'unilaterally imposed', and burden of proof (Regulation (EU) 2023/2854, Art 13(6))
- Data Act, Article 13(7)-(9): severance, price carve-out, no contracting out (Regulation (EU) 2023/2854, Art 13(7), (8), (9))
- Data Act, Article 1(2)(c): material scope of Chapter IV (Regulation (EU) 2023/2854, Art 1(2)(c))
Figures it counts in
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