---
title: "Recital 61 Data Act"
canonical: "https://dposchool.com/data-act/recital/61"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#rct_61"
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: "2026-10-30"
language: "en"
publisher: "DPO School"
---

Recitals

# Recital 61 Data Act

Official Journal text of 22 December 2023. Retrieved 30 October 2026.

## Official text

Criteria for identifying unfair contractual terms should be applied only to excessive contractual terms where a stronger bargaining position has been abused. The vast majority of contractual terms that are commercially more favourable to one party than to the other, including those that are normal in business-to-business contracts, are a normal expression of the principle of contractual freedom and continue to apply. For the purposes of this Regulation, grossly deviating from good commercial practice would include, inter alia, objectively impairing the ability of the party upon whom the term has been unilaterally imposed to protect its legitimate commercial interest in the data in question.

## 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

[Recital 61 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#rct_61)

Official Journal text of 22 December 2023. Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

[Data Act Navigator](https://dposchool.com/data-act) / [Recitals](https://dposchool.com/data-act/recitals) / Recital 61

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## 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