Data Strategy Briefing — October 20, 2025
The European Commission must deliver non-binding model contractual terms for data access and cloud services before 12 September 2025 under Article 41 of the Data Act, so by October data leaders should embed the templates into procurement and partner playbooks.
Executive briefing: Article 41 of the EU Data Act requires the Commission to publish non-binding model contractual terms on data access and standard clauses for cloud computing before 12 September 2025. With the templates now available, organisations should use October to map current sharing agreements, refresh cloud switching clauses, and ready negotiations that align with fair, reasonable, and non-discriminatory obligations.
Key governance checkpoints
- Contract library alignment. Review enterprise data-sharing agreements and cloud contracts against the Commission’s clauses to confirm Article 34 requirements on switching and Article 19 safeguards on public-sector access are covered.
- Compensation frameworks. Update remuneration models for data access to demonstrate the "reasonable" criteria embedded in the Commission’s model terms and avoid price structures that supervisory authorities could deem unfair.
- Trade secret protections. Ensure confidentiality and trade secret clauses match Article 4 expectations, especially where SMEs rely on data access to build interoperable services.
Operational priorities
- Negotiation playbooks. Provide procurement, legal, and partner teams with annotated versions of the clauses and fallback language so they can accelerate renewals ahead of 2026 product launches.
- Cloud exit testing. Exercise portability runbooks that demonstrate compliance with Articles 23–30, including timelines for data export, switching support, and restriction on egress fees.
- Stakeholder enablement. Brief business owners on how the model terms interact with sector-specific laws (energy, mobility, health) so obligations remain consistent across data spaces.
Enablement moves
- Publish internal guidance summarising where existing contracts diverge from the Commission templates and the remediation actions required before Q1 2026 renewals.
- Track Member State enforcement communications and align escalation procedures for disputes arising under the new contractual baseline.
Sources
Zeph Tech delivers Data Act contract remediation sprints, switching assurance tests, and stakeholder briefings.