Amendment 705· Data Act Article 31(1c) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
15a. In Article 31 the following paragraph is inserted:
Paragraph it would add
Notwithstanding paragraph 1b, the customer may terminate the contract without incurring any early termination penalty or switching charge, other than reasonable fees essentially covering the costs directly incurred by the switching operation, in any of the following cases:
(a)where the provider unilaterally makes a substantial modification to the contract, in particular a significant price increase, a reduction of functionalities, a modification of the applicable service level agreements, a change to the terms of use, or the withdrawal of an essential feature;
(b)where the provider fails to perform its material obligations under the contract or under this Regulation;
(c)where the provider no longer complies with an obligation arising under Regulation (EU) 2023/2854, Regulation (EU) 2016/679, Directive (EU) 2022/2555 or other applicable law, such that the customer cannot reasonably be expected to maintain the contract;
(d)where the provider, being contractually bound to ensure the continuous improvement of the service, manifestly fails to do so, or where the level of service is otherwise substantially degraded;
(e)where an event occurs that affects confidence in the provider, such as the loss of a contractually required certification, the withdrawal of a regulatory authorisation, or a change of control resulting in an incompatibility with the customer’s requirements.
Such termination shall be without prejudice to any other remedy available to the customer under Union or national contract law.'
Data Act Article 31 with this amendment
Amendment 705 applied to the Commission proposal, no other amendment
Unchanged: (1), (1a) and (1b)
The obligations laid down in Article 23, point (d), Article 29 and Article 30(1) and (3) shall not apply to data processing services of which the majority of main features has been custom-built to accommodate the specific needs of an individual customer or where all components have been developed for the purposes of an individual customer, and where those data processing services are not offered at broad commercial scale via the service catalogue of the provider of data processing services.
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.
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.
Notwithstanding paragraph 1b, the customer may terminate the contract without incurring any early termination penalty or switching charge, other than reasonable fees essentially covering the costs directly incurred by the switching operation, in any of the following cases:
+Newwhere the provider unilaterally makes a substantial modification to the contract, in particular a significant price increase, a reduction of functionalities, a modification of the applicable service level agreements, a change to the terms of use, or the withdrawal of an essential feature;
+Newwhere the provider fails to perform its material obligations under the contract or under this Regulation;
+Newwhere the provider no longer complies with an obligation arising under Regulation (EU) 2023/2854, Regulation (EU) 2016/679, Directive (EU) 2022/2555 or other applicable law, such that the customer cannot reasonably be expected to maintain the contract;
+Newwhere the provider, being contractually bound to ensure the continuous improvement of the service, manifestly fails to do so, or where the level of service is otherwise substantially degraded;
+Newwhere an event occurs that affects confidence in the provider, such as the loss of a contractually required certification, the withdrawal of a regulatory authorisation, or a change of control resulting in an incompatibility with the customer’s requirements.
+NewSuch termination shall be without prejudice to any other remedy available to the customer under Union or national contract law.'
Unchanged: (2) and (3)
The obligations laid down in this Chapter shall not apply to data processing services provided as a non-production version for testing and evaluation purposes and for a limited period of time.
Prior to the conclusion of a contract on the provision of the data processing services referred to in this Article, the provider of data processing services shall inform the prospective customer of the obligations of this Chapter that do not apply.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 31(1c) (new).
Cite this amendment
Amendment 705 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 527–776 to the draft report on COM(2025) 837 (CJ72-AM-791071, PE791.071v01-00, 27 July 2026), pp. 134–135
Link, short form and official text
Amendment 705 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 527–776 to the draft report on COM(2025) 837 (CJ72-AM-791071, PE791.071v01-00, 27 July 2026), pp. 134–135
ITRE–LIBE Amendment 705 (CJ72-AM-791071), p. 134