Private Law Theory

ABSTRACT
In January 2024, the EU Data Act (DA) came into force, which is a central building block of the EU Strategy for data. It contains special rules on control of unjust contractual terms. This article examines these provisions of the DA, explains their systematic relationship to other EU secondary law, in particular the Unfair Contract Terms Directive (UCTD), and looks at the impact on national contract law. The leitmotiv of the EU legislator to attach great importance to freedom of contract in commercial transactions is emphasized. This principle visibly influences the standard of clause control. In this respect, it is not only remarkable that there is no transparency control. The validity of the remaining terms of the contract can also remain unaffected by the invalidity of a clause. The resulting gap can be closed by supplementary interpretation of the contract in accordance with national law.

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Sebastian Omlor, Unfair Contractual Terms under the EU Data Act, European Review of Private Law, volume 32, issue 2 (2024).