Digital Omnibus proposal· Recital 18

5 amendments would delete the whole recital: members of S&D and Greens/EFA, and the JURI rapporteur and the IMCO rapporteur.

1. 8 −Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the recital

   (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those contracts as long as they do not constitute an obstacle to switching. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs should not undermine the gradual withdrawal of those charges. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes.

   Rapporteur

   Brando Benifei

   Group

   Rapporteur

   Targets

   Digital Omnibus proposal Recital 18

   Document

   JURI draft opinion

   Source

   Official text, page 12

   Printed header

   Recital 18

   Links

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2. 14 −Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the recital

   (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those contracts as long as they do not constitute an obstacle to switching. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs should not undermine the gradual withdrawal of those charges. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes.

   Rapporteur

   Alex Agius Saliba

   Group

   Rapporteur

   Targets

   Digital Omnibus proposal Recital 18

   Document

   IMCO draft opinion

   Source

   Official text, pages 16–17

   Printed header

   Recital 18

   Links

   Link to this amendment
   Cite this amendment

3. 98 −Deletion David CormandGreens/EFA · JURI Deletes the recital

   (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those contracts as long as they do not constitute an obstacle to switching. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs should not undermine the gradual withdrawal of those charges. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes.

   Tabled by

   David Cormand

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 18

   Document

   JURI amendments 69–296 to the draft opinion

   Source

   Official text, pages 32–33

   Printed header

   Recital 18

   Links

   Link to this amendment
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4. 99 ~Alternative Daniel BudaEPP · JURI “account their limited administrative and financial capacity and avoiding”

   (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those contracts as long as they do not constitute an obstacle to switching. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs, shouldtaking notinto undermineaccount their limited administrative and financial capacity and avoiding the gradual withdrawalimposition of thosedisproportionate chargesobligations. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes.

   Tabled by

   Daniel Buda

   Group

   EPP

   Targets

   Digital Omnibus proposal Recital 18

   Document

   JURI amendments 69–296 to the draft opinion

   Source

   Official text, pages 33–34

   Printed header

   Recital 18

   Links

   Link to this amendment
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5. 151 −Deletion David CormandGreens/EFA · IMCO Deletes the recital

   (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those contracts as long as they do not constitute an obstacle to switching. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs should not undermine the gradual withdrawal of those charges. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes.

   Tabled by

   David Cormand on behalf of the Verts/ALE Group

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 18

   Document

   IMCO amendments 125–328 to the draft opinion

   Source

   Official text, pages 27–28

   Printed header

   Recital 18

   Links

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   Cite this amendment

6. 165 −Deletion Elena Sancho Murillo +6S&D · ITRE–LIBE Deletes the recital

   (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those contracts as long as they do not constitute an obstacle to switching. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs should not undermine the gradual withdrawal of those charges. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes.

   Tabled by

   Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba

   Group

   S&D

   Targets

   Digital Omnibus proposal Recital 18

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 85–86

   Printed header

   Recital 18

   Links

   Link to this amendment
   Cite this amendment

7. 166 ~Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “Through these provisions, the Regulation seeks to encourage effective competition in the data processing services market and to reduce vendor…”

   (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those contracts as long as they do not constitute an obstacle to switching. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs should not undermine the gradual withdrawal of those charges. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes, without affecting performance of the contract at the time when such provision did not exist, and cannot be applied retrospectively. Through these provisions, the Regulation seeks to encourage effective competition in the data processing services market and to reduce vendor lock-in, i.e. user dependence on a single provider due to technical, contractual or financial barriers that make it difficult to change provider. The gradual phasing-out of switching charges and the introduction of data portability obligations help to increase user mobility and to stimulate innovation, enabling users to choose the service that best meets their needs. At the same time, the European legislator recognises the need to protect the economic interests of SMEs and small mid-caps by establishing transitional measures and limited derogations to enable them to adapt gradually to the new legal requirements, without undermining the Regulation’s fundamental aim of creating an open, competitive and interoperable data processing services market. Striking a balance between protecting providers’ investments and safeguarding users’ freedom to change provider is thus one of the key principles that underpin Regulation (EU) 2023/2854.

   Tabled by

   Diana Iovanovici Şoşoacă

   Group

   NI

   Targets

   Digital Omnibus proposal Recital 18

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 86–88

   Printed header

   Recital 18

   Links

   Link to this amendment
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8. 167 ~Alternative Diego Solier +2ECR · ITRE–LIBE “Appropriate measures should be taken to alleviate administrative burdens and reduce compliance costs for SMEs and small mid-caps providing data…”

   (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those contracts as long as they do not constitute an obstacle to switching. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Appropriate measures should be taken to alleviate administrative burdens and reduce compliance costs for SMEs and small mid-caps providing data processing services, while preserving effective switching rights for customers. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs should not undermine the gradual withdrawal of those charges. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes.

   Tabled by

   Diego Solier, Sebastian Tynkkynen, Elena Donazzan

   Group

   ECR

   Targets

   Digital Omnibus proposal Recital 18

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 88–89

   Printed header

   Recital 18

   Links

   Link to this amendment
   Cite this amendment

9. 168 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “Proportionate early termination penalties should take into account the time remaining of the contract, the discounts applied related to the duration…”

   (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those business-to-business contracts as long as they do not constitute an obstacle to switching. Proportionate early termination penalties should take into account the time remaining of the contract, the discounts applied related to the duration of the contract and the acquisition costs. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs should not undermine the gradual withdrawal of those charges. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes.

   Tabled by

   Damian Boeselager on behalf of the Verts/ALE Group

   Group

   Greens/EFA

   Targets

   Digital Omnibus proposal Recital 18

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 89–90

   Printed header

   Recital 18

   Links

   Link to this amendment
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10. 169 ~Alternative João OliveiraThe Left · ITRE–LIBE “For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs, may prefer and offer…”

    (18) For reasons relating to financial planning and attracting investment, providers of data processing services, especially SMEs and SMCs, may prefer and offer contracts of a fixed duration. It is necessary to clarify that providers of data processing services may include provisions on proportionate early termination penalties in those contracts as long as they do not constitute an obstacle to switching. In addition, providers of data processing services that are SMEs or SMCs are particularly burdened by the need to align existing contracts for the provision of data processing services to Regulation (EU) 2023/2854. It is therefore necessary to establish a specific regime for those providers if they provide data processing services, other than IaaS, based on contracts concluded before or on 12 September 2025. Taking into account the aim of Regulation (EU) 2023/2854 to enable switching between data processing services and given that switching charges, including egress charges, constitute a serious obstacle to switching, the new lighter regimes for data processing services that are custom-made or are provided by SMEs or SMCs should not undermine the gradual withdrawal of those charges. Contractual provisions running contrary to that objective should be considered to never have existed, if they are included in contractual agreements on the provision of services falling within the scope of those two new specific regimes.

    Tabled by

    João Oliveira

    Group

    The Left

    Targets

    Digital Omnibus proposal Recital 18

    Document

    ITRE–LIBE amendments 79–250 to the draft report

    Source

    Official text, pages 90–91

    Printed header

    Recital 18

    Links

    Link to this amendment
    Cite this amendment