41. What special provisions exist to help SMEs, given that they are often in a weaker negotiating position?

Chapter IV of the Data Act does not specifically address SMEs, but the prohibition on unfair contractual terms is expected to benefit businesses upon which a contractual term was unilaterally imposed. Given that SMEs often have limited market power and weaker negotiating positions, Chapter IV will therefore provide particular support to them, especially when they seek access to data held by larger companies. If an SME needs to submit a complaint or raise a concern, it can, for instance, contact the data coordinator in its Member State (see the answer to Question 64). The European Commission will recommend model contractual terms for data sharing that reflect the rights and obligations of the Data Act and that will be intended to help SMEs negotiate better. These models will be voluntary. The Commission should have adopted them by the time the Data Act starts to apply.