Data Act, Article 13(3) and (4): the general test and the terms that are always unfair (Regulation (EU) 2023/2854, Art 13(3), 13(4)(a)-(b))
General test is gross deviation from good commercial practice. Always unfair: limiting the imposer's liability for intent or gross negligence, or excluding the other side's remedies or the imposer's liability for breach.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“its use grossly deviates from good commercial practice in data access and use, contrary to good faith and fair dealing. ... exclude or limit the liability of the party that unilaterally imposed the term for intentional acts or gross negligence; ... or the liability of the party that unilaterally imposed the term in the case of a breach of those obligations”
Where it was read
Also read from the same source
- Data Act, Article 13(1): unfair terms unilaterally imposed on an enterprise (Regulation (EU) 2023/2854, Art 13(1))
- Data Act, Article 13(5): terms presumed unfair (Regulation (EU) 2023/2854, Art 13(5)(a)-(c))
- Data Act, Article 13(6): when a term is 'unilaterally imposed', and burden of proof (Regulation (EU) 2023/2854, Art 13(6))
- Data Act, Article 13(7)-(9): severance, price carve-out, no contracting out (Regulation (EU) 2023/2854, Art 13(7), (8), (9))
- Data Act, Article 1(2)(c): material scope of Chapter IV (Regulation (EU) 2023/2854, Art 1(2)(c))
Figures it counts in
It is shown on its own, not counted into a figure.
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