Non-binding Data Act Model Contractual Terms & Standard Clauses

Communication to the Commission approval of the draft Commission Recommendation on non-binding model contractual terms on data access and use and non-binding standard contractual clauses for cloud computing contracts (with Annexes)

This Draft Recommendation outlines a set of non‑binding Model Contractual Terms (MCTs) for data access and use and non‑binding Standard Contractual Clauses (SCCs) for cloud computing contracts under the EU Data Act. These templates are designed to help businesses — especially SMEs — implement fair, reasonable, and non‑discriminatory contractual arrangements for data sharing and cloud services. While voluntary, the MCTs cover various mandatory and voluntary data‑sharing scenarios, and the SCCs support contractual terms for cloud switching, security, liability, and termination. The initiative aims to reduce legal uncertainty and support practical implementation of the Data Act.