Unfair terms in b2b data contracts – issues and lessons from article 13 of the data act

Abstract

The paper analyses Article 13 of the Data Act with the aim of identifying guidelines for the form of future EU legislation. The analysis shows that Article 13 exhibits two regulatory novelties, which give rise to two issues. With an outset in these issues, the paper derives three guidelines for future EU legislation. The guidelines consist of (i) exploring the potential of national law to address the issues the potential EU legislation wishes to target, (ii) favouring minimum harmonisation over full harmonisation, and (iii) ensuring legislative provisions with a clear scope.