Article 41 Model contractual terms and standard contractual clauses

This is a notably brief article that places a single, time-bound task on the Commission.

It requires the Commission to produce two sets of non-binding guidance materials — model contractual terms for data access and use, and standard contractual clauses for cloud computing — to help parties navigate the contracting obligations that run throughout the regulation, particularly those in Chapters III and IV concerning fair, reasonable and non-discriminatory terms.

Important points:

• The Commission is required to develop and recommend these model terms and standard clauses before 12 September 2025.
• Both sets of materials are explicitly non-binding, meaning they serve as guidance tools rather than mandatory requirements.
• The materials cover data access and use contracts (including reasonable compensation and trade secret protection) and cloud computing contracts specifically.