ABSTRACT
This paper critically assesses the core components, rationales and functioning of unfair terms control in B2B data-related transactions (art 13 Data Act). In doing so, it situates this tool within the most common contractual trends characterising data markets, and gauges its ultimate role for what Elaine Fahey termed ‘data institutionalisation’ in the EU. First, it looks into this concept, highlighting its most relevant role for data markets. Secondly, it scrutinises the most typical contractual practices by means of which private actors share data in some way or another, relating the unfair terms control under art 13 Data Act to the practical corporate activities in data markets. It then breaks down art 13 Data Act into its various components, comparing them to the other European contract law legislation that provides unfair terms control. Lastly, it concentrates on the normative rationales for unfair terms review in data markets, discussing the most problematic aspects of the provision vis-à-vis its scrutinised rationales, the contractual practice, and more generally its anticipated implications for data institutionalisation.
Fia, Tommaso, Unfair Terms Review in the Data Act: An Effective Means for Institutionalising Data (Markets)? (December 2, 2024).
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