Records / Laws and rulings

Data Act, Article 13(7)-(9): severance, price carve-out, no contracting out (Regulation (EU) 2023/2854, Art 13(7), (8), (9))

An unfair term is cut out and the rest binds. The main subject matter and the adequacy of price are not tested. The parties cannot contract out of Article 13.

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

In the source's own words
“those remaining terms shall be binding. ... This Article does not apply to contractual terms defining the main subject matter of the contract or to the adequacy of the price, as against the data supplied in exchange. ... The parties to a contract covered by paragraph 1 shall not exclude the application of this Article, derogate from it, or vary its effects.”
Figures it counts in

It is shown on its own, not counted into a figure.

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