Data Act Article 13: Obligations, Deadlines & Penalties

All obligations under Article 13

Obligation 1

The contracting party that supplied the contractual term bears the burden of proving that the term has not been unilaterally imposed. Regulation (EU) 2023/2854, Article 13, Article 13

Obligated entity

enterprise supplying contractual terms

Action required

prove

Deadline

—

Penalty

—

Obligation 2

The contracting party that supplied the contested contractual term may not argue that the term is an unfair contractual term. Regulation (EU) 2023/2854, Article 13, Article 13

Obligated entity

enterprise supplying contractual terms

Action required

refrain from arguing

Deadline

—

Penalty

—

Obligation 3

The parties to a contract covered by paragraph 1 shall not exclude the application of this Article, derogate from it, or vary its effects. Regulation (EU) 2023/2854, Article 13, Article 13

Obligated entity

parties to a contract

Action required

refrain from excluding or derogating

Deadline

—

Penalty

—

Data Act compliance deadlines

• 2025-09-12 Data Act applies (Regulation (EU) 2023/2854) in_force
• 2026-09-12 Data Act Art 3(1) access-by-design for connected products and related services placed on the market after 12 September 2026 in_force
• 2027-01-12 Data Act: data-processing (cloud) switching charges fully abolished (Art 29) scheduled
• 2027-09-12 Data Act Chapter IV (unfair contractual terms) extends to long-term contracts concluded on or before 12 September 2025 scheduled

Questions about Article 13

Who must comply with Article 13 of the Data Act? +

enterprise supplying contractual terms, parties to a contract.

What does Article 13 of the Data Act require? +

prove refrain from arguing refrain from excluding or derogating