European Union: European Commission adopted Recommendation on non-binding model contractual terms on data access and use and non-binding standard contractual clauses for cloud computing contracts

On 19 November 2025, the European Commission adopted a Recommendation on non-binding model contractual terms on data access and use and non-binding standard contractual clauses for cloud computing contracts, as provided for in Article 41 of the Data Act. The Data Act sets out conditions for using product or related service data, as well as setting out rules for customers to switch data processing service providers (cloud computing services). The model contractual terms and standard contractual terms are voluntary, and cover a range of situations envisioned by the Data Act, including situations in which data sharing is mandatory, as well as terms for switching and terminating cloud computing services.