Article 12 Scope of obligations for data holders obliged pursuant to Union law to make data available

This is a short but important framing article that sets the scope for the entire chapter on fair and non-discriminatory data sharing in business-to-business contexts.

It establishes when the chapter's rules apply, namely when a data holder is legally required to share data with a data recipient, whether that obligation stems from Article 5 of this Regulation or from other applicable Union or national law.

It also contains a protective provision ensuring that contractual terms cannot be used to sidestep the chapter's rules.

Important points:

• This chapter applies to data holders that are obligated to make data available to a data recipient in a business-to-business context, under Article 5 or other applicable law.
• Any contractual term in a data sharing agreement that excludes, derogates from, or varies the effect of this chapter, to the detriment of one party or the user, is not binding on that party.
• Article 5 of this Regulation is a key trigger for the application of this chapter, making the two articles closely linked.