Data Act: which contract terms must I review?
Adopted 2026-06-14 · ≈ 1 min read · 
edited by Dirk Baaijen
The Data Act bans unfair data clauses and requires fair (FRAND) sharing terms. Review your data, supply, lease and platform contracts for terms that unilaterally block or overprice access or transfer. A practical checklist for transport and logistics.
The Data Act's biggest practical impact is often not in technology but in your contracts. The regulation forces two things: data sharing on fair, reasonable and non-discriminatory terms (FRAND), and a ban on unfair terms — especially to protect smaller parties.
Which contracts to review
- Telematics and supplier contracts — do they contain terms that deny you
access to your own vehicle/machine data, or make it expensive?
- Lease and rental contracts — is it arranged that you, as user, can reach
the data and have it shared?
- Platform and data-sharing agreements — are there unilateral or
unreasonable terms on ownership, reuse or transfer?
- Client and chain contracts — are the arrangements on who may request and
pass on which data correct?
What to look for
- Unilaterally imposed terms that block or unreasonably price access or
transfer — these may be void.
- FRAND — can your sharing terms be explained as fair and
non-discriminatory?
- Vendor lock-in — restrictive clauses that hinder switching deserve a
second look (see also the cloud-switching rules).
What to do
Make an inventory of your data-relevant contracts, flag the risky terms, and plan revision at renewal or renegotiation.
Read the main file: The Data Act for transport and logistics. Or take the Transport & Logistics scan.
Sources
- https://eur-lex.europa.eu/eli/reg/2023/2854/oj
Regulation (EU) 2023/2854 (Data Act): fair sharing terms (FRAND) and the ban on unfair contract terms. - https://digital-strategy.ec.europa.eu/en/policies/data-act
European Commission — Data Act policy page: scope, rights and obligations.
Read next
The Data Act: what compensation may I charge for sharing data (FRAND)?
If the Data Act obliges you to share data, you may charge a reasonable fee based on your costs of making the data available, plus a reasonable margin. For SMEs and non-profits: only the direct costs. Terms must be fair and non-discriminatory (FRAND).
What do I risk for non-compliance with the Data Act?
The Data Act applies since 12 Sep 2025. Non-compliance risks civil claims, contract terms that are not binding, and GDPR enforcement where personal data is involved. From 12 Sep 2026 the design obligation applies.
Who is the data holder and who is the user under the Data Act?
The user is the owner, renter or lessee of a connected product; the data holder is the party that has access to the data from that product and the related service. What this distinction means for transport and logistics.