Recitals
Recital 58
Recital 58
Risks of Contractual Imbalance in Data Access Negotiations Unofficial title
Where one party is in a stronger bargaining position, there is a risk that that party could leverage such a position to the detriment of the other contracting party when negotiating access to data with the result that access to data is commercially less viable and sometimes economically prohibitive. Such contractual imbalances harm all enterprises without a meaningful ability to negotiate the conditions for access to data, and which may have no choice but to accept take-it-or-leave-it contractual terms. Therefore, unfair contractual terms regulating access to and the use of data, or liability and remedies for the breach or the termination of data related obligations, should not be binding on enterprises when those terms have been unilaterally imposed on those enterprises.
https://data-act.digiphile.law/recital/recital-58.html
Text as at 19 September 2026.
This is an unofficial convenience version of the EU Data Act (Regulation (EU) 2023/2854). It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.