Data Strategy Briefing — October 1, 2025
Any new data access or cloud contracts signed after 12 September 2025 must meet the Data Act’s Chapter IV fairness and switching requirements, so sourcing and product teams need October checkpoints to validate templates before year-end renewals.
Executive briefing: With the Data Act now applicable, Chapter IV obligations immediately cover contracts concluded after 12 September 2025. October is the first full month where customer, partner, and cloud agreements have to demonstrate fair terms, reasonable compensation, and switching support, making it urgent to test templates against Articles 19 through 30.
Key governance checkpoints
- Contract inventory. Catalogue every agreement signed since 12 September 2025 and flag any that still rely on pre-Data Act fallback language.
- Fairness controls. Validate that indemnity, liability, and termination clauses satisfy Article 19 prohibitions on unfair terms, especially for SME counterparties.
- Switching assurance. Confirm cloud processing contracts embed Article 23–30 requirements on data portability timelines, assistance, and fee transparency.
Operational priorities
- Negotiation support. Equip sourcing teams with annotated Data Act playbooks that explain how Commission model terms (Article 41) interact with your preferred clauses.
- Exit testing. Run technical drills that prove customers can export data and transition services within mandated timelines without undue costs.
- Dispute readiness. Align legal and customer success teams on voluntary dispute settlement pathways in case partners challenge new portability obligations.
Enablement moves
- Launch deal-desk checkpoints that block signature if Chapter IV attestations are missing or outdated.
- Share executive dashboards tracking compliant contract percentages, open remediation tasks, and dispute settlement contacts.
Sources
Zeph Tech helps teams align post-12 September 2025 contracts with Data Act fairness tests, portability obligations, and dispute settlement options.