EU Data Act · Chapter IV · Unfair Contractual Terms Related to Data Access and Use Between Enterprises
Article 13
Unfair contractual terms unilaterally imposed on another enterprise
Precise reading
Unilaterally imposed contractual terms concerning data access/use or liability and remedies for breach of data obligations are non-binding if unfair; the article defines unfairness with a general test plus black and grey lists (e.g. excluding liability for gross negligence, inappropriately restricting remedies, or preventing the party that supplied data from using it). From 12 Sep 2027 it also reaches qualifying contracts concluded on or before 12 Sep 2025.
A summary of the operative demand, not the statute.
Plain reading
Take-it-or-leave-it custody clauses lose their teeth. The stewardship posture — clear terms both sides would sign in daylight — becomes the only stable strategy.
Paraphrase.
Facts
| Applies from | 12 September 2025 |
|---|---|
| Binds | Data Holder, Data Processing Service Provider |
| Cross-references | Article 50 |
| On the trace | Stop 3, Cloud service; alongside: Web client |
| Rights that rest on it | Take-it-or-leave-it data clauses can't bind you. |
The Regulation in the Official Journal · This article in the knowledge base
Not legal advice. This is the author’s own reading of the law, written to help facilities managers ask better questions. It has not been reviewed by a lawyer. For decisions, read the official text and take legal advice.