With the Data Act now in force, new rules are reshaping how companies approach data sharing and cloud contracts. It sets out updated rights and responsibilities to promote fairer, more transparent practices, as well as creating opportunities for innovation. To ensure all companies can access these opportunities and achieve their full potential, the European Commission has published the outcomes of its B2B Data Sharing and Cloud Computing expert group in the ‘Draft Recommendation on non-binding model contractual terms on data access and use and non-binding standard contractual clauses for cloud computing contracts‘.
02 / 12 / 25
Beltug welcomes this important milestone in building a stronger European data economy. The aim is clear: to ensure that all companies, including SMEs, can benefit from data-sharing opportunities even when they don’t have the resources or in-house expertise to develop or review complex contracts.
We have been closely involved in this work. Beltug President Claude Rapoport has been a member of the European Commission’s expert group since October 2022, contributing directly to the development of the model contractual terms (MCTs) and standard contractual clauses (SCCs) on behalf of the four sister CIO associations Beltug, Cigref (France), CIO Platform (Netherlands) and VOICE (Germany).
Three MCTs have been drafted to cover the three relationships where the Data Act requires mandatory data sharing: between data holders, users and data recipients of data generated through connected products.
In addition, six SCCs were developed based on the expert group’s recommendations:
The first three turn the Data Act’s cloud-switching rules into ready-to-use terms for switching and exit, contract termination, and security and business continuity during switching.
The other three strengthen fair, reasonable and non-discriminatory contracting by ensuring transparency, avoid unjustified unilateral amendments, and supporting a balanced approach to liability.
The work of the Expert Group and the publishing of the MCTs and SCCs are key elements of the Commission’s efforts to support organisations in meeting the requirements of the Data Act. The next phase will include guidance on topics such as ‘reasonable compensation’ for mandatory B2B data sharing, and a legal helpdesk for questions about applying the new rules.
As Claude Rapoport notes: “The development of the Data Economy is essential for Europe. The Data Act will raise the bar… More than other regulations, the Data Act intends to create new business opportunities.” Beltug fully supports the Commission’s efforts to make the Data Act easier to navigate, reduce compliance costs and strengthen legal certainty for all stakeholders.
*The newly released document is finalised in English; it is still considered a draft until it is available in all official EU languages and formally adopted.