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Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act) (Text with EEA relevance) article 7 CELEX: 32023R2854 Scope of business-to-consumer and business-to-business data sharing obligations
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. 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. |
Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act) (Text with EEA relevance) article 7 CELEX: 32023R2854 2. 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. |