The EU Data Act's Unfair Terms Rules – A Practical Overview

What You Need to Know

• The EU Data Act (Regulation (EU) 2023/2854) introduces a new, horizontal regime governing unfair terms in business-to-business contracts that address access to and use of data, or liability and remedies for breach or termination of data-related obligations.
• This regime applies across sectors and contract types, even where data is not the principal subject of the agreement. It requires organisations to review and adapt standard terms, templates and legacy agreements to ensure compliance and preserve enforceability of key provisions.

Scope: Unilaterally Imposed Terms

The unfair terms provisions apply to unilaterally imposed terms in B2B contracts that regulate data access and use, or data-related liability and remedies.