74. What is the state of play of the model contractual terms for data sharing and the standard contractual clauses for cloud computing contracts?

The Expert Group on B2B data sharing and cloud computing contracts, which is jointly managed by DG JUST and DG CNECT, published on 2 April 2025 its final report containing draft model contractual terms for data sharing and standard contractual clauses for cloud computing contracts. The draft model contractual terms for data sharing cover contracts between data holders and users, data holders and data recipients, users and data recipients and between data sharers and data recipients. The standard contractual clauses for cloud computing contracts cover elements related to switching & exit, term & termination, non-dispersion, non-amendment, security & business continuity and to liability. These elements mirror the aspects covered by Chapter VI but also include other aspects that are relevant for fulfilling the objective of Article 41, which is to assist parties in drafting and negotiating contracts with fair, reasonable, and non-discriminatory contractual rights and obligations. The contracts are non-binding and can be adapted by the parties according to their contractual needs. Based on this report, the Commission plans to adopt a Recommendation.