What clauses are required in a European Union Custom Contract?

European Union law requires specific provisions including: Recitals & Purpose, GDPR Data Processing Provisions, Electronic Signature (eIDAS Compliance). Contract.DIY automatically includes all mandatory clauses with proper legal citations when generating your Custom Contract.

What terms are prohibited in a European Union Custom Contract?

Under European Union law, certain provisions are void or unenforceable, including: Waiver of data subject rights under GDPR; Terms causing significant imbalance in consumer contracts contrary to good faith. Contract.DIY is built to avoid these terms and will warn you if your description suggests including something that's not legally permissible.

How does Contract.DIY ensure my Custom Contract complies with European Union law?

Every generated contract goes through 5 automated compliance checks specific to European Union. These cover mandatory provisions, prohibited terms, proper citations, and formation requirements. Any issues are flagged before you download.

Can I use this Custom Contract template outside of European Union?

This template is specifically tailored to European Union law. Using it in another jurisdiction may result in missing requirements or including provisions that don't apply. We recommend generating a new contract with the correct jurisdiction selected for full compliance.

European Union Custom Contract — Free Template Generator

Key legal considerations

Generate a custom contract under EU law. Key requirements: 1. GDPR: MANDATORY for any contract involving personal data. Include data processing provisions. 2. ROME I REGULATION: Specify governing law. Parties can choose, but mandatory rules protections apply for consumers (Art. 6) and employees (Art. 8). 3. BRUSSELS I REGULATION: Specify jurisdiction. Default is defendant's domicile. Special protective jurisdiction for consumers, employees, and insurance. 4. eIDAS: Electronic signatures are valid. Qualified electronic signatures = handwritten signatures. 5. LATE PAYMENT DIRECTIVE: 30-day payment terms for B2B. ECB rate + 8% interest. €40 minimum recovery costs. 6. UNFAIR CONTRACT TERMS: For B2C standard-form contracts, the Unfair Contract Terms Directive (93/13/EEC) applies — unfair terms are non-binding. 7. COMPETITION LAW: Ensure the contract does not violate Articles 101-102 TFEU (anti-competitive agreements, abuse of dominant position). Include standard provisions: governing law, jurisdiction, GDPR, payment terms, severability, entire agreement, notices.

What's required

Mandatory clauses for a valid custom contract under European Union law.

Recitals & Purpose
GDPR Data Processing Provisions
Regulation (EU) 2016/679 (GDPR), Articles 5, 28, 30, 32, 33
Electronic Signature (eIDAS Compliance)
Regulation (EU) No 910/2014 (eIDAS), Article 25
Applicable Law (Rome I Regulation)
Regulation (EC) No 593/2008 (Rome I)
Jurisdiction (Brussels I Regulation)
Regulation (EU) No 1215/2012 (Brussels I Recast)
Late Payment Interest (EU Late Payment Directive)
Directive 2011/7/EU (Late Payment Directive), Articles 2, 3, 4, 6
Severability
General contract law principle; Directive 93/13/EEC
Entire Agreement
GDPR Data Processing Notice
Regulation (EU) 2016/679 (GDPR)

What's prohibited

Terms and provisions that are void or unenforceable under European Union law.

Waiver of data subject rights under GDPR
GDPR rights (access, rectification, erasure, portability, objection) are inalienable and cannot be waived by contract. Any provision purporting to waive or limit a data subject's GDPR rights is void under Article 7(4) and recital 42 of the GDPR.
Regulation (EU) 2016/679, Articles 7(4), 12-22; CJEU case law
Terms causing significant imbalance in consumer contracts contrary to good faith
The Unfair Contract Terms Directive (93/13/EEC) renders unfair terms in consumer contracts non-binding. Terms that have not been individually negotiated and cause a significant imbalance in the parties' rights and obligations to the detriment of the consumer are deemed unfair. The Annex to the Directive provides an indicative list of unfair terms.
Directive 93/13/EEC, Articles 3-6; Annex
Provisions requiring illegal acts or violating EU public policy
Contracts for illegal purposes or that violate EU public policy (including fundamental rights under the EU Charter) are void. This includes provisions that violate competition law (Articles 101-102 TFEU), facilitate fraud, or contravene mandatory EU regulations.
Articles 101-102 TFEU; EU Charter of Fundamental Rights

Legal references

Key statutes and regulations that govern custom contracts in European Union.

Rome I Regulation (Applicable Law)
Regulation (EC) No 593/2008
Determines applicable law for contractual obligations with cross-border elements. Parties can choose governing law, subject to mandatory rules protections for consumers and employees.
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Brussels I Regulation (Jurisdiction)
Regulation (EU) No 1215/2012
Determines jurisdiction for civil and commercial matters within the EU. Default: defendant's domicile. Special rules for consumers, employees, and insurance.
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eIDAS Regulation (Electronic Signatures)
Regulation (EU) No 910/2014
Electronic signatures cannot be denied legal effect solely because they are electronic. Qualified electronic signatures equal handwritten signatures.
GDPR
Regulation (EU) 2016/679
Applies to all processing of personal data. Any contract involving personal data must include GDPR-compliant provisions.
Late Payment Directive
Directive 2011/7/EU
30-day payment terms for B2B, interest at ECB rate + 8% for late payment, €40 minimum recovery costs.