Data ActEU 2023/2854
Digiphile

Recitals

Recital 28


Recital 28

Application of Consumer Law in Business-to-Consumer Contracts Unofficial title


In contracts between a data holder and a consumer as user of a connected product or related service generating data, Union consumer law, in particular Directives 93/13/EEC and 2005/29/EC, applies to ensure that a consumer is not subject to unfair contractual terms. For the purposes of this Regulation, unfair contractual terms unilaterally imposed on an enterprise should not be binding on that enterprise.