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ARTICLE · 15 DECEMBER 2025

EU Data Act: New Model Contract Terms And Standard Clauses To Facilitate Data Sharing And Cloud Switching

Bryan Cave Leighton Paisner
Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner

Bryan Cave Leighton Paisner

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The European Commission has now published its Draft Recommendation on non-binding Model Contractual Terms ("MCTs") and Standard Contractual Clauses ("SCCs")...

United KingdomPrivacy
Amelda Henning
Amelda Henning
Anna Blest
Anna Blest

Summary

The European Commission has now published its Draft Recommendation on non-binding Model Contractual Terms ("MCTs") and Standard Contractual Clauses ("SCCs") under Article 41 of the EU Data Act (Regulation (EU) 2023/2854). These templates are particularly aimed at SMEs and provide ready-to-use frameworks for data sharing and cloud computing contracts.

Why this matters

The MCTs and SCCs were developed to help parties implement the Data Act's provisions, to address commercial challenges around ensuring fair data access arrangements and preventing cloud vendor lock-in. For technology lawyers and their clients, these templates provide not only more legal certainty, but also a practical starting point for compliance with the Data Act.

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