Data Act, Article 13(7)-(9): severance, price carve-out, no contracting out (Regulation (EU) 2023/2854, Art 13(7), (8), (9))
An unfair term is cut out and the rest binds. The main subject matter and the adequacy of price are not tested. The parties cannot contract out of Article 13.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“those remaining terms shall be binding. ... This Article does not apply to contractual terms defining the main subject matter of the contract or to the adequacy of the price, as against the data supplied in exchange. ... The parties to a contract covered by paragraph 1 shall not exclude the application of this Article, derogate from it, or vary its effects.”
Where it was read
Also read from the same source
- Data Act, Article 13(1): unfair terms unilaterally imposed on an enterprise (Regulation (EU) 2023/2854, Art 13(1))
- 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 1(2)(c): material scope of Chapter IV (Regulation (EU) 2023/2854, Art 1(2)(c))
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide