Introduction

To support practical implementation of the EU Data Act, the Expert Group on B2B Data Sharing and Cloud Computing Contracts, established by the European Commission, has released a Report with a collection of voluntary model terms. These include both Model Contractual Terms (MCTs) and Standard Contractual Clauses (SCCs).

The goal is to simplify negotiations, reduce legal uncertainty, and promote trust in B2B data markets and cloud service arrangements.

The Commission, before 12 September 2025, shall develop and recommend non-binding model contractual terms on data access and use, including terms on reasonable compensation and the protection of trade secrets, and non-binding standard contractual clauses for cloud computing contracts to assist parties in drafting and negotiating contracts with fair, reasonable and non-discriminatory contractual rights and obligations (Data Act Article 41).

Downloadable Model Contractual Terms (MCTs)

The MCTs are structured across four typical data-sharing scenarios. Streamlex has preserved the original text but reformatted each annex into a standalone Word file for easier contract drafting and adaptation.

Annex I – Data Holder to Data User
Designed for contracts between a data holder and a user of a connected product or related service, where the data holder wishes to use data generated using the product/service.

Annex II – User to Data Recipient
Designed for contracts between a user of a connected product or related service and a third party data recipient, where the user requests a data holder to make data available to a data recipient under Data Act Article 5.

Annex III – Data Holder to Data Recipient
Designed for contracts between a data holder and a third party data recipient who is a business, where a data holder is obliged under Data Act Article 5 to make data available to a recipient when requested to do so by a user of the product.

Annex IV – Voluntary Data Sharer to Data Recipient
Designed for contracts between a data sharer and a data recipient where the data sharer wishes to make data available to a data recipient voluntarily and independent of any request by a user or similar party.

Downloadable Standard Contractual Clauses (SCCs)

In addition to the data-sharing templates, the expert group also developed voluntary Standard Contractual Clauses (SCCs) for use in cloud computing and other data processing services contracts. These clauses are intended to assist parties in drafting contracts that are fair, reasonable, and non-discriminatory, in line with Article 41 of the Data Act. The clauses are meant to be inserted by the parties into their data processing services agreements. The SCCs cover key contractual areas such as switching and exit, termination, security and business continuity, liability, non-dispersion of data, non-amendment, and general obligations.