Data Act
Table of Contents
Chapter I – GENERAL PROVISIONS
Chapter II – BUSINESS TO CONSUMER AND BUSINESS TO BUSINESS DATA SHARING
Chapter III – OBLIGATIONS FOR DATA HOLDERS OBLIGED TO MAKE DATA AVAILABLE PURSUANT TO UNION LAW
Chapter IV – UNFAIR CONTRACTUAL TERMS RELATED TO DATA ACCESS AND USE BETWEEN ENTERPRISES
Chapter V – MAKING DATA AVAILABLE TO PUBLIC SECTOR BODIES, THE COMMISSION, THE EUROPEAN CENTRAL BANK AND UNION BODIES ON THE BASIS OF AN EXCEPTIONAL NEED
Chapter VI – SWITCHING BETWEEN DATA PROCESSING SERVICES
Chapter VII – UNLAWFUL INTERNATIONAL GOVERNMENTAL ACCESS AND TRANSFER OF NON-PERSONAL DATA
Chapter VIII – INTEROPERABILITY
Chapter IX – IMPLEMENTATION AND ENFORCEMENT
Chapter X – SUI GENERIS RIGHT UNDER DIRECTIVE 96/9/EC
Chapter XI – FINAL PROVISIONS
Recitals (119)
Recital 59
(59) Rules on contractual terms should take into account the principle of contractual freedom as an essential concept in business-to-business relationships. Therefore, not all contractual terms should be subject to an unfairness test, but only those terms that are unilaterally imposed. This concerns take-it-or-leave-it situations where one party supplies a certain contractual term and the other enterprise cannot influence the content of that term despite an attempt to negotiate it. A contractual term that is simply provided by one party and accepted by the other enterprise or a term that is negotiated and subsequently agreed in an amended form between contracting parties should not be considered to have been unilaterally imposed.