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Data Act, Article 13(1): unfair terms unilaterally imposed on an enterprise, EU

6 records were read from this source, dated 17 Oct 2026.

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Last checked 17 Oct 2026

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Records read from this source
Record	Kind	As stated	Dated
Data Act, Article 13(1): unfair terms unilaterally imposed on an enterprise (Regulation (EU) 2023/2854, Art 13(1))	Law or ruling	Only data-related terms are tested: terms on access to and use of data, and terms on…	17 Oct 2026
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))	Law or ruling	General test is gross deviation from good commercial practice. Always unfair: limiting…	17 Oct 2026
Data Act, Article 13(5): terms presumed unfair (Regulation (EU) 2023/2854, Art 13(5)(a)-(c))	Law or ruling	Presumed unfair (rebuttable): inappropriately limiting liability or remedies, extending…	17 Oct 2026
Data Act, Article 13(6): when a term is 'unilaterally imposed', and burden of proof (Regulation (EU) 2023/2854, Art 13(6))	Law or ruling	A term is imposed only where the other side tried to negotiate it and could not…	17 Oct 2026
Data Act, Article 13(7)-(9): severance, price carve-out, no contracting out (Regulation (EU) 2023/2854, Art 13(7), (8), (9))	Law or ruling	An unfair term is cut out and the rest binds. The main subject matter and the adequacy…	17 Oct 2026
Data Act, Article 1(2)(c): material scope of Chapter IV (Regulation (EU) 2023/2854, Art 1(2)(c))	Law or ruling	Chapter IV is not limited to connected-product data: it reaches any private-sector data…	17 Oct 2026

Data Act, Article 13(1): unfair terms unilaterally imposed on an enterprise (Regulation (EU) 2023/2854, Art 13(1))
Kind
Law or ruling
As stated
Only data-related terms are tested: terms on access to and use of data, and terms on…
Dated
17 Oct 2026
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))
Kind
Law or ruling
As stated
General test is gross deviation from good commercial practice. Always unfair: limiting…
Dated
17 Oct 2026
Data Act, Article 13(5): terms presumed unfair (Regulation (EU) 2023/2854, Art 13(5)(a)-(c))
Kind
Law or ruling
As stated
Presumed unfair (rebuttable): inappropriately limiting liability or remedies, extending…
Dated
17 Oct 2026
Data Act, Article 13(6): when a term is 'unilaterally imposed', and burden of proof (Regulation (EU) 2023/2854, Art 13(6))
Kind
Law or ruling
As stated
A term is imposed only where the other side tried to negotiate it and could not…
Dated
17 Oct 2026
Data Act, Article 13(7)-(9): severance, price carve-out, no contracting out (Regulation (EU) 2023/2854, Art 13(7), (8), (9))
Kind
Law or ruling
As stated
An unfair term is cut out and the rest binds. The main subject matter and the adequacy…
Dated
17 Oct 2026
Data Act, Article 1(2)(c): material scope of Chapter IV (Regulation (EU) 2023/2854, Art 1(2)(c))
Kind
Law or ruling
As stated
Chapter IV is not limited to connected-product data: it reaches any private-sector data…
Dated
17 Oct 2026