Clear, well-drafted clauses for term and termination agreements in contracts are essential, particularly in ICT and cloud contracts, where vendor lock-in remains a critical problem. Beltug’s Term and Termination Note on Contracting provides practical clause samples for our members. Since the publication of the initial version in 2024, it has been updated to reflect the requirements of the EU Data Act, which introduced new obligations for cloud and data processing services contracts, particularly regarding switching, exit and data portability.
24 / 06 / 26
Having well-balanced and operationally workable contracts for ICT suppliers and software publishers is crucial. Our members expressed the desire to gain inspiration from the contract clauses used by their peers. To address this need, we created a library of contract clauses, including the original Note on Contracting with term and termination clauses.
In this updated version of the Note, these peer-driven clauses have been complemented, where relevant, with references to recent European regulatory developments, in particular, the EU Data Act. We also refer to the related model contractual terms and standard contractual clauses published by the European Commission based on the work of its B2B Data Sharing and Cloud Computing expert group.
The document published by the European Commission offers a valuable reference framework that can be used alongside the Note for Contracting, especially for cloud and outsourcing contracts. However, as the full document is very extensive, we have created two appendices with the clauses most relevant to the Note, to enable easy, direct access.
The updated Term and Termination Note on Contracting as well as the appendices are available for Beltug members to download after login.
The original collected clauses were reviewed by the Vendor Management Task Force – a group of highly skilled/experienced members – and critically revised by experts Piet Herman and Stibbe. For the update, we added the expertise of Beltug President Claude Rapoport, who has been a member of the European Commission’s expert group since October 2022, contributing directly to the development of the model contractual terms and SSCs.
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The Beltug Team