Abstract

The Data Act introduces provisions protecting businesses against unfair contractual terms unilaterally imposed by the other party. The new regulation applies exclusively to B2B relations, where contractual imbalance is increasingly common and entrepreneurs are often forced to accept clauses on a “take-it-or-leave-it” basis. The article discusses key elements of the regulation, including its personal, material, and temporal scope. The conditions for applying the new provisions are analyzed in detail. The authors highlight practical challenges in assessing unilateral imposition and unfairness of contractual terms, particularly in agreements concluded electronically and in public procurement. The regulation may significantly alter contractual practice in professional transactions, although concerns remain regarding the vagueness of the concepts used and the far-reaching requirement to demonstrate unilateral imposition.