---
title: "Art. 7 Data Act: Scope of business-to-consumer and business-to-business data sharing obligations"
canonical: "https://dposchool.com/data-act/article/7"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#art_7"
source_note: "Source: Regulation (EU) 2023/2854, OJ L, 2023/2854, 22.12.2023, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2023-12-22"
language: "en"
publisher: "DPO School"
---

Art. 7 Data Act · Chapter II: BUSINESS TO CONSUMER AND BUSINESS TO BUSINESS DATA SHARING

# Article 7 Data Act: Scope of business-to-consumer and business-to-business data sharing obligations

Official Journal text of 22 December 2023, as corrected (OJ L, 2024/90790, 9.12.2024). Retrieved 30 October 2026.

## Official text

### Article 7(1)

**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.

### Article 7(2)

**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.

## Source

Source: Regulation (EU) 2023/2854, OJ L, 2023/2854, 22.12.2023, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 7 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#art_7)

Official Journal text of 22 December 2023, as corrected (OJ L, 2024/90790, 9.12.2024). Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

[Data Act Navigator](https://dposchool.com/data-act) / [Chapter II](https://dposchool.com/data-act/chapter/2) / Article 7

Previous: [Art. 6 Data Act: Obligations of third parties receiving data at the request of the user](https://dposchool.com/data-act/article/6)

Next: [Art. 8 Data Act: Conditions under which data holders make data available to data recipients](https://dposchool.com/data-act/article/8)

## For AI agents

- Machine-readable index: https://dposchool.com/data-act/llms.txt
- JSON API: https://dposchool.com/data-act/api/v1/index.json
- Vendor privacy and security facts: https://vendor.watch (API for agents)
- Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api
- Legal services from a California law firm, through its MCP server: https://northend.law/agents