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42b) Does Chapter IV of the Data Act apply to contracts concluded before the Data Act started to apply?

As a general rule, the Data Act applies from 12 September 2025. In accordance with the exception in Article 50, the unfairness control (Chapter IV Article 13) only applies:

  • to contracts concluded after 12 September 2025, and

  • starting from 12 September 2027 to contracts concluded on or before 12 September 2025, if these contracts are of indefinite duration or these contracts are due to expire at least 10 years from 11 January 2024.

The situation described in the second bullet point is meant to give time to the parties to renegotiate such contracts and remove any provisions that might be considered unfair under Article 13.