The European Commission Publishes Model and Standard Contractual Terms under the EU Data Act
On 19 November 2025, the European Commission published drafts of non-binding Model Contractual Terms (MCTs) and Standard Contractual Clauses (SCCs) to support the implementation of the European Union (EU) Data Act. These terms are primarily intended to facilitate the compliance of small and medium-sized enterprises with their obligations under the Data Act.
The Data Act clarifies matters such as ownership and sharing of data generated from sources including smart devices, factory sensors, or connected vehicles, and regulates the fair sharing of such data among users, manufacturers, and third parties. The draft terms published by the Commission contribute to ensuring that contractual clauses concerning data sharing and cloud provider switching are aligned with the requirements of the Act.
Key points are summarized below:
- The MCTs on data sharing have been prepared in accordance with Chapters II and III of the Data Act and are presented in separate sets for use in three different party relationships (Data Holder–User, User–Data Recipient, Data Holder–Data Recipient).
- It is stated that the MCTs are aligned with the provisions of Chapter IV, which aim to prevent unfair contractual terms. In addition, for situations involving voluntary data sharing, a fourth set has been developed governing the “Data Sharer–Data Recipient” relationship.
- The SCCs support the processes relating to cloud provider switching and contract termination set out in Chapter VI of the Data Act. The objective is to ensure that users can switch providers without data loss, avoid service disruption, and maintain security.
- Within this framework, three main draft provisions titled SCC Switching & Exit, SCC Termination, and SCC Security & Business Continuity are set out.
You may access the draft texts published by the Commission here.
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