Records / Laws and rulings

Data Act, Article 13(5): terms presumed unfair (Regulation (EU) 2023/2854, Art 13(5)(a)-(c))

Presumed unfair (rebuttable): inappropriately limiting liability or remedies, extending the other side's liability, and using the other side's data in a way significantly detrimental to it, especially commercially sensitive data.

Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text

In the source's own words
“inappropriately limit remedies in the case of non-performance of contractual obligations or liability in the case of a breach of those obligations, or extend the liability of the enterprise upon whom the term has been unilaterally imposed; ... access and use the data of the other contracting party in a manner that is significantly detrimental to the legitimate interests”
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It is shown on its own, not counted into a figure.

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