Rome I Regulation, Articles 3(4) and 9: choice of non-EU law and overriding mandatory provisions (Regulation (EC) No 593/2008, Art 3(4), Art 9(1)-(2))
Parties may choose the law of a country outside the EU for a contract, and Article 3(4) bites only where every element is in member states. An EU court may still apply its own overriding mandatory provisions; whether Data Act Article 13 is one is untested.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“Overriding mandatory provisions are provisions the respect for which is regarded as crucial by a country for safeguarding its public interests ... irrespective of the law otherwise applicable to the contract under this Regulation. 2. Nothing in this Regulation shall restrict the application of the overriding mandatory provisions of the law of the forum.”
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