§ Data Act · Article 13

Data Act Article 13: Obligations, Deadlines & Penalties

Regulation (EU) 2023/2854, Article 13 · All obligations · Data Act

At a glance

Article 13 of the Data Act imposes 3 obligations on enterprise supplying contractual terms, parties to a contract.

§ Obligations

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: —

§ Frequently asked

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

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