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.”
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(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
It is shown on its own, not counted into a figure.
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