Navigating the Data Act’s B2B Unfairness Test: A Practical Guide
This new regime targets unilaterally imposed terms concerning data access and use, fundamentally altering the risk landscape for any company operating in the European data economy.
Legal Project Manager at the European Company Lawyers Association (ECLA)
This new regime targets unilaterally imposed terms concerning data access and use, fundamentally altering the risk landscape for any company operating in the European data economy.
For legal counsel, the practical effect is scope stability for wave one entities through the 2025 cycle: fewer surprises in mandatory datapoints, clearer materiality signposting, and limited tactical relief in disclosures where data maturity is weakest.
These findings are preliminary and do not prejudge the final outcome of the investigations.
The arrival of the EU’s Markets in Crypto-Assets Regulation (MiCAR) and the U.S. “GENIUS Act” transforms stablecoins from a niche, unregulated asset into a formally recognised pillar of a new financial infrastructure.
Not a “new profession” and not a personal professional secret, but rather a statutory confidentiality attaching to certain written in-house legal consultations under tightly defined conditions.
This has led courts to be overwhelmed by hallucinated case law or non-existent authorities being used as part of legal arguments.
The traditional postulate of the General Counsel (GC) as a reactive risk mitigator, operating as an isolated corporate "Department of No," is fundamentally obsolete.
The French compromise does not entail a “new profession” and not a personal professional secret, but rather a statutory confidentiality attaching to certain written in-house legal consultations under tightly defined conditions.
The appeal of stablecoins comes from its perceived price stability and lack of price fluctuation, prompting discussions on whether it can become a digital currency fit for everyday usage both for businesses and consumers.
These findings are preliminary and do not prejudge the final outcome of the investigations. The Commission's investigation, conducted in cooperation with Coimisiún na Meán (the Irish Digital Services Coordinator), also found Meta's platforms deficient in two key areas concerning user protections.
The CSRD’s core objectives remain intact, with the quick-fix trimming procedural burden to improve business usability and EU competitiveness. Whether the narrowed datapoint set preserves decision-useful information across the bloc will be tested in the next reporting cycle.
Beyond its well-known provisions on data access, Article 13 introduces a potent and binding unfairness test for B2B agreements.