> For the complete documentation index, see [llms.txt](https://www.mica.wtf/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.mica.wtf/eu-level/soft-law/commission-data-act-mct-scc-recommendation.md). # Commission Data Act MCTs/SCCs | | | | --------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | **Authority** | European Commission | | **Reference** | Article 41 Data Act MCTs/SCCs | | **Legal basis** | Article 41 Data Act | | **Status** | Published Commission non-binding recommendation material | | **Published** | 19 November 2025 | | **Updated** | 3 March 2026 | | **Source** | [Commission page](https://digital-strategy.ec.europa.eu/en/library/draft-recommendation-non-binding-model-contractual-terms-data-access-and-use-and-non-binding) | | **Documents** | [Approval of the draft Commission Recommendation](https://ec.europa.eu/newsroom/dae/redirection/document/121718); [Annex](https://ec.europa.eu/newsroom/dae/redirection/document/121719) | ## Scope Article 41 of the Data Act requires the Commission to develop and recommend non-binding model contractual terms for data access and use and non-binding standard contractual clauses for cloud computing contracts. The Commission page publishes model contractual terms for mandatory and voluntary data sharing, plus standard contractual clauses for cloud switching and related contractual fairness points. The material is voluntary and can be adapted by the parties. ## Key points * The model contractual terms cover data-holder to user, user to data-recipient, data-holder to data-recipient and voluntary data-sharing relationships. * The cloud standard contractual clauses cover switching and exit, termination, security and business continuity, non-dispersion, non-amendment and liability. * The material is intended to help parties, especially SMEs, draft and negotiate fair contractual clauses. * The page records the next step as translation and publication in all EU languages. * The page title still uses "draft Recommendation"; this corpus page therefore treats the material as published non-binding implementation support, not as binding Level 2 law. ## Implementation boundaries The MCTs and SCCs are templates, not mandatory clauses. Product output should not insert them as if they were statutory text, and should not imply that using a model clause is enough to satisfy every Data Act duty. A clause still needs review against the product facts, party roles, contract type, applicable consumer rules, trade-secret protections, data-protection obligations and any sector-specific law. For mandatory data sharing under Chapters II and III, the important review facts include the relationship between the data holder, user and data recipient; whether the request concerns data generated by a connected product or related service; whether compensation is claimed; whether trade secrets are involved; and whether the recipient's proposed use is limited to the permitted purpose. For cloud switching under Chapter VI, the important review facts include the type of data processing service, the customer's switching or exit request, termination mechanics, security and business-continuity steps during switching, provider-side notification duties for significant incidents, and whether contract terms could undermine fair, reasonable and non-discriminatory switching rights. ## Product use For Legal Pack generation, this page is a source for contract-drafting prompts and clause review checklists. It can support: * a Data Act data-sharing contract review section; * a cloud-switching and exit-plan checklist; * a prompt to compare existing contract language with Commission-published non-binding models; * an assumption label where the system cannot determine whether the MCT or SCC relationship type matches the user's facts; * a caveat that voluntary model language still requires legal review. The page must not be used to represent the model terms as binding Level 2 law or as a safe harbour. The underlying Article 41 materials are voluntary implementation support. ## Source-use posture When this page is cited in generated work, it should be cited as Commission-published non-binding model language under Article 41. The contract analysis still needs to trace each proposed clause back to the detected relationship type and the relevant Data Act chapter. If the source page or annex is updated after this survey, the model-language reference should be refreshed before downstream templates rely on exact clause families. ## Pre-adoption note This item is included because Article 41 expressly calls for Commission-recommended non-binding model terms and clauses, and the Commission published the recommendation material after the Data Act application date. Its voluntary character must be preserved in downstream product output. ## Full document Available from the [Commission MCT/SCC page](https://digital-strategy.ec.europa.eu/en/library/draft-recommendation-non-binding-model-contractual-terms-data-access-and-use-and-non-binding). --- # Agent Instructions This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com. ## Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. 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