Severity: Low Guidance EU

Commission Recommendation (EU) 2026/2394 provides non-binding model contractual terms for data access and cloud…

Original title: Commission Recommendation (EU) 2026/2394 of 29 October 2026 on non-binding model contractual terms on data access and use and non-binding standard contractual clauses for cloud computing contracts

Published
Source: eur-lex.europa.eu
Effective
Not stated
Deadline
Not stated
Framework: EU Data Act
Regulation (EU) 2023/2854 (as corrected 2024) source
in 64 days
Cloud and other data processing providers may no longer charge switching fees source

Why it matters

The Commission adopted Recommendation (EU) 2026/2394, which introduces non-binding model contractual terms for data access and use agreements, and non-binding standard contractual clauses for cloud computing contracts. These templates are designed to facilitate compliance with the EU Data Act by providing standardized language that organizations can use when negotiating data access arrangements and cloud services. The recommendation supports smoother implementation of data-sharing obligations while offering flexibility for parties to adapt terms to their specific circumstances.

What changed

  • Commission published non-binding model contractual terms for data access and use agreements under the EU Data Act
  • Commission provided non-binding standard contractual clauses specifically for cloud computing contracts
  • The recommendation establishes templates to facilitate compliance with Regulation (EU) 2023/2854 (Data Act)

Who is affected

Organizations subject to the EU Data Act, including data holders, data access rights seekers, and cloud service providers in the EU and operating in EU markets

What to do

AI-assisted summary of the official document; the official text prevails. Not legal advice.