Records / Laws and rulings

Data Act, Article 13(6): when a term is 'unilaterally imposed', and burden of proof (Regulation (EU) 2023/2854, Art 13(6))

A term is imposed only where the other side tried to negotiate it and could not influence it. The party that supplied the term must prove it was not imposed.

Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text

In the source's own words
“A contractual term shall be considered to be unilaterally imposed within the meaning of this Article if it has been supplied by one contracting party and the other contracting party has not been able to influence its content despite an attempt to negotiate it. The contracting party that supplied the contractual term bears the burden of proving that that term has not been unilaterally imposed.”
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It is shown on its own, not counted into a figure.

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