Data Act
Navigation log
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.
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