Recital 60

Application of Unfair Terms Rules to Data-Related Clauses Unofficial title

Furthermore, the rules on unfair contractual terms should apply only to those elements of a contract that are related to making data available, that is contractual terms concerning access to and use of the data as well as liability or remedies for breach and termination of data related obligations. Other parts of the same contract, unrelated to making data available, should not be subject to the unfairness test laid down in this Regulation.

https://data-act.digiphile.law/recital/recital-60.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.