The Expert Group on B2B data sharing and cloud computing contracts has just released its final report. This comprehensive document aims to facilitate data access and use in compliance with the Data Act by providing model contractual terms (MCTs) and standard contractual clauses (SCCs) under Article 41 of the Data Act. 

Key facts:

• MCTs: Full contracts designed for the four data sharing scenarios
  • Data holder to user
  • User to data recipient
  • Data holder to data recipient
  • Data sharer to data recipient
• SCCs: Six standard clauses that cover essential aspects of cloud computing contracts such as switching and exit processes, termination, security, and business continuity. These clauses are meant to be inserted by the parties into their data processing services agreements. 
• How to use the MCTs and SCCs: The models are non-binding, voluntary and can be adapted to specific contractual needs by the parties. When considering using these models, the parties should reflect on their specific needs, business relation and interests to identify the right option for a given term/clause that best suits their contract. 

The report is a significant step towards streamlined and transparent data sharing practices in the B2B sector. Building on this report, the EU Commission will prepare a recommendation with MCTs and SCCs.