Amendment 55· Data Act Article 31
−Deletion
Text of the amendment
As tabled
Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.
Wording it would delete
15. in Article 31, the following paragraphs 1a and 1b are inserted:
1a. The obligations laid down in Chapter VI, with the exception of Article 29, and in Article 34 shall not apply to data processing services other than those referred to in Article 30(1), where the majority of features and functionalities of the data processing service has been adapted by the provider to the specific needs of the customer, if the provision of such services is based on a contract concluded before or on 12 September 2025.
The provider of such data processing services shall not be required to renegotiate or amend a contract for the provision of those services before its expiry if that contract was concluded before or on 12 September 2025. Any contractual provision contained in that contract that is contrary to Article 29(1), (2), or (3) shall be considered null and void.
1b. A provider of a data processing service may include provisions on proportionate early termination penalties in a contract of fixed duration on the provision of data processing services other than those referred to in Article 30(1).
Where the provider of data processing service is a small and medium-sized enterprise or a small mid-cap, the obligations laid down in Chapter VI, with the exception of Article 29, and in Article 34 shall not apply to data processing services other than those referred to in Article 30(1), if the provision of such services is based on a contract concluded before or on 12 September 2025.
Where the provider of a data processing service is a small and medium-sized enterprise or a small mid-cap, the provider shall not be required to renegotiate or amend a contract for the provision of a data processing service other than those referred to in Article 30(1) before its expiry 1 if that contract was concluded before or on 12 September 2025. Any contractual provision contained in that contract that is contrary to Article 29(1), (2), or (3) shall be considered null and void.;’
Struck CommissionHighlighted amendment
Justification
Deletion of amendments to art. 31 comes from the concern that the exemptions risk creating more lock-in effects, favor incumbents and allow companies to find ways to circumvent the switching requirements e.g. by claiming to have custom-made services as further described in recital 17 to avoid obligations. The temporal exemption for contracts up to 12 September 2025 further add complexity by creating a long-lasting dual regime, risks weakening interoperability incentives and leading to fragmentation. Article 31(1) of the current Data Act already catered for data processing services which concern services of which the majority of main features has been custom-built. Recital 98 of the current Data Act inferred more flexibility, and the Digital Omnibus amendments to article 31 go beyond the careful balance found under that recital and current chapter VI of the Data Act and its objectives to facilitate switching of data processing services.
Target
Listed in the tracker under
Cite this amendment
Amendment 55 (draft opinion by Alex Agius Saliba), European Parliament, Committee on the Internal Market and Consumer Protection, draft opinion on COM(2025) 837 (IMCO-PA-789877, PE789.877, 8 June 2026), pp. 44–46
Link, short form and official text
Amendment 55 (draft opinion by Alex Agius Saliba), European Parliament, Committee on the Internal Market and Consumer Protection, draft opinion on COM(2025) 837 (IMCO-PA-789877, PE789.877, 8 June 2026), pp. 44–46
IMCO Amendment 55 (IMCO-PA-789877), p. 44