Art. 7 Scope of business-to-consumer and business-to-business data sharing obligations | Data act regulation | Data act

This article serves a dual purpose within Chapter II.

First, it carves out exemptions from the chapter's data-sharing obligations for smaller businesses, shielding microenterprises and small enterprises from the burdens placed on larger manufacturers and service providers.

Second, it contains a consumer protection clause ensuring that users cannot be contractually stripped of the rights granted to them by Chapter II.

Important points:

Microenterprises and small enterprises are exempt from the Chapter II obligations, but only if they are genuinely independent — no partner or linked enterprise that falls outside those size categories, and they must not be acting as a subcontractor.
The exemption extends temporarily to medium-sized enterprises that have only recently qualified as such, covering the first year of that status and the first year after a connected product is placed on the market.
Any contractual term that removes or weakens a user's rights under Chapter II is not binding on that user.

1. The obligations of this Chapter shall not apply to data generated through the use of connected products manufactured or designed or related services provided by a microenterprise or a small enterprise, provided that that enterprise does not have a partner enterprise or a linked enterprise within the meaning of Article 3 of the Annex to Recommendation 2003/361/EC that does not qualify as a microenterprise or a small enterprise and where the microenterprise and small enterprise is not subcontracted to manufacture or design a connected product or to provide a related service.
2. The same shall apply to data generated through the use of connected products manufactured by or related services provided by an enterprise that has qualified as a medium-sized enterprise under Article 2 of the Annex to Recommendation 2003/361/EC for less than one year and to connected products for one year after the date on which they were placed on the market by a medium-sized enterprise.
1. Any contractual term which, to the detriment of the user, excludes the application of, derogates from or varies the effect of the user’s rights under this Chapter shall not be binding on the user.