Model contractual terms
EU Data Act model contractual terms and standard clauses
To help businesses put the Data Act into practice, the European Commission has published ready-to-use model contractual terms (MCTs) for data sharing and standard contractual clauses (SCCs) for cloud contracts. They are voluntary — but a practical shortcut to fair, compliant contracts.
What are the MCTs and SCCs?
Article 41 of the Data Act asked the European Commission to develop non-binding model contractual terms on data access and use — including reasonable compensation and the protection of trade secrets — and non-binding standard contractual clauses for cloud computing contracts. The aim is to help parties agree fair, reasonable and non-discriminatory terms.
An expert group published the first templates in April 2025, and the Commission adopted its Recommendation with the finished MCTs and SCCs on 20 November 2025. They are aimed especially at SMEs that lack the resources to draft complex data contracts from scratch.
MCTs vs SCCs — what's the difference?
The two toolkits cover different relationships. The MCTs are for business-to-business data sharing — who can access what data, on what terms, at what price, and how trade secrets are protected. The SCCs are for cloud and data-processing contracts — covering switching, exit, migration and the removal of lock-in.
Are they mandatory?
No. The MCTs and SCCs are voluntary, non-binding templates — you are free to adapt them or write your own terms. But using them makes it easier to show your contracts are fair, and reduces the risk that a clause is later found void under the Data Act's unfair-terms rules (Art. 13).
What they cover
What the templates address
Data access & use
Which data is shared, who may use it, for what purposes, and what is off-limits.
Compensation
Reasonable, non-discriminatory pricing for making data available (Art. 8–9).
Trade secrets
Safeguards so sharing data does not expose commercially sensitive information.
Switching & exit
Cloud clauses covering migration, termination and the removal of lock-in.
Putting them to work
How to use the model terms
Start from the template
Use the relevant MCT or SCC module as a baseline instead of drafting from scratch.
Adapt to your deal
Tailor the optional clauses to your data, pricing and relationship — they are meant to be edited.
Check against Art. 13
Cross-check any changes so you don't reintroduce a term that would be void as unfair.
Keep records
Document why your terms are fair and reasonable — useful evidence if a contract is ever challenged.
Check your contracts
See where your contracts may need work
Answer a few questions to get a free indication of whether your data-sharing and cloud contracts are Data Act-ready.