European Commission - Non-binding Model Contractual Terms for data access and use and Standard Contractual Clauses for cloud computing contracts

The Commission has published non-binding Model Contractual Terms for data access and use and Standard Contractual Clauses for cloud computing contracts.

They have been developed to help parties, especially SMEs, implement the provisions of the Data Act. Their use is voluntary and open to users’ possible amendments. Although they were mainly drafted for business-to-business contracts, they can also be used in relations between businesses and consumers, if relevant consumer protection rules are added.

The next step is to translate and publish both the MCTs and SCCs in all EU languages, which is expected to take three to four months.