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Data Act — Table of Contents

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The B2B chapter applies wherever Union law imposes a duty to share data between undertakings. Contractual clauses that disadvantage the obligated party are void — a bespoke unfair-terms regime specifically for data contracts.

Art. 12 Data Act

Scope of obligations for data holders obliged pursuant to Union law to make data available

(1.)This Chapter shall apply where, in business-to-business relations, a data holder is obliged under Article 5 or under applicable Union law or national legislation adopted in accordance with Union law, to make data available to a data recipient.
(2.)A contractual term in a data sharing agreement which, to the detriment of one party, or, where applicable, to the detriment of the user, excludes the application of this Chapter, derogates from it, or varies its effect, shall not be binding on that party.
Source:
EUR-Lex CELEX 32023R2854
Citation:
OJ L 2023/2854, 22.12.2023
As of:
2023-12-22
Retrieved:
2026-04-21