58. What is the state of play regarding the standard contractual clauses for cloud computing contracts and what will they cover?

As per Article 41 of the Data Act, an Expert Group on B2B data sharing and cloud computing contracts, jointly managed by DG JUST and DG CNECT, has developed model contractual terms for data sharing and standard contractual clauses for cloud computing contracts. The standard contractual clauses for cloud computing contracts are non-binding and can be adapted by the parties according to their contractual needs. Based on the Report of the Expert Group, the Commission will adopt a Recommendation. The standard contractual clauses for cloud computing contracts will 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 of the Data Act but also include other aspects that are relevant for fulfilling the objective of Art. 41, which is to assist parties in drafting and negotiating contracts with fair, reasonable, and non-discriminatory contractual rights and obligations.