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Digital Omnibus tracker

Data Act · Regulation (EU) 2023/2854

Article 31

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 6 parts · 3 Council drafts · 31 Parliament amendments

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

All Commission’s changes to Data Act

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 13 December 2023, with all 2 Commission proposal changes affecting this article applied.

Article 31

Specific regime for certain data processing services

  1. 1.

    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.

  2. 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.

  3. 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.

  4. 2.

    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.

  5. 3.

    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.

Commission source wording and instructions

Article 31(1a)

Commission proposal

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.

Article 31(1b)

Commission proposal

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.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

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Article 31(1a)

June Presidency compromise · 10 June

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.

Article 31(1b)

June Presidency compromise · 10 June

Exact provision wording unavailable within a wider Council operation

This provision forms part of a wider Council operation. Its wording is not available separately here; open the official source for the full passage.

Official source passage and amending instruction
15.

in Article 31, the following paragraphs 1a, 1b, and 1c 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. 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.

1c.

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.’;’

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Political group at the amendment date where available; otherwise the current Parliament affiliation.

Remove proposed wording Amendment 34 JURI draft opinion · Brando Benifei (rapporteur)
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. ’;
Justification

This amendment deletes the proposed exemptions in order to preserve the effectiveness of Chapter VI and ensure that switching rights remain meaningful and enforceable in practice. Any derogations from interoperability and switching obligations should remain narrowly defined, proportionate and limited to genuinely justified situations.

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Remove proposed wording Amendment 55 IMCO draft opinion · Alex Agius Saliba (rapporteur)

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 31

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.;’
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.

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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 196 · David Cormand JURI

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 31

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.;’
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Source identification

Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31

Deletion marker printed in the source: deleted

Additional proposed wording Amendment 260 · Piotr Müller, Diego Solier IMCO
14b. In Article 31, paragraph 1 is amended as follows:
1. 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."
Justification

The text of the original act is aligned with the derogations proposed by the Commission in new paragraphs 1a and 1b of Article 31. A service may be offered in a catalogue while still being substantially customised at the customer’s request and according to the customer’s specific needs. The law should not discourage providers, especially smaller EU providers, from offering tailored services.

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Source identification

The official header identifies Article 31(1), and the left column reproduces the official baseline wording of Article 31(1). The prior match to Commission-added paragraphs 1a and 1b came only from the shared proposal-parent instruction.

Header printed in the source: Article 1 – paragraph 1 – point 14 b (new) / Regulation 2023/2854 / Article 31 – paragraph 1

Remove proposed wording Amendment 261 · David Cormand on behalf of the Verts/ALE Group IMCO

The source names this article, but its precise target scope has not been resolved. Related tracker provisions are not asserted as direct targets.

Article 31

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.;’
Official source ↗
Source identification

Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31

Deletion marker printed in the source: deleted

Alternative wording Amendment 262 · Piotr Müller, Diego Solier IMCO
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[entry oninto 12force Septemberof 2025this Regulation].
Justification

It is not clear why only selected services shall be exempted. Following the logic of Article 31, all custom-built or heavily modified services should benefit from the exemption.

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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – new paragraph 1a

Alternative wording Amendment 263 · Virginie Joron IMCO
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), provided that those penalties are limited to the costs specific to the customer and are objectively demonstrated, direct and unamortised. They must not be intended to restrict or result in a restriction of the effective possibility for customers to change provider, retrieve their data or terminate their contracts.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1 b

Alternative wording Amendment 264 · Piotr Müller, Diego Solier IMCO
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).
Justification

The proposed change runs counter to the logic and other provisions of the Data Act and appears to reflect an unintended inconsistency in the Commission’s approach. Its practical effect would be highly negative for pricing stability and long-term predictability for customers. Moreover, by treating IaaS, PaaS and SaaS services differently without sufficient justification, it would create discriminatory regulatory outcomes and risk distorting competition within the cloud market.

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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – paragraph 1b – first subparagraph

Alternative wording Amendment 265 · Virginie Joron IMCO
Where the provider of data processing serviceservices 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), ifwhere the provisionmajority of suchthe servicesservice ischaracteristics basedand onfunctionalities ahave contractbeen concludedadapted beforeby orthe onprovider 12to Septemberthe 2025specific needs of the customer.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1 b

Alternative wording Amendment 266 · Piotr Müller, Diego Solier IMCO
Where the provider of data processing service is a micro, small andor 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[entry oninto 12force Septemberof 2025this Regulation].
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – paragraph 1b – second subparagraph

Alternative wording Amendment 267 · Piotr Müller, Diego Solier IMCO
WhereThe the providerproviders of a data processing service is a small and medium-sized enterprise or a small mid-cap, the providerservices 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[entry oninto 12force Septemberof 2025this Regulation]. AnyHowever, any contractual provision contained in that contract that is contrary to Article 29(1), (2), or (3) shall be considered null and void.;
Justification

The amendment safeguards core principles of EU law, including legal certainty, legitimate expectations and non-retroactivity. Imposing new obligations on contracts lawfully concluded before 12 September 2025 would create a dangerous precedent of retroactive regulatory interference, undermining trust in the EU legal order, contractual stability and investment predictability.

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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – new paragraph 1b – third subparagraph

Additional proposed wording Amendment 268 · Virginie Joron IMCO
1b.

Notwithstanding paragraph 1b, the customer may terminate the contract without incurring early termination penalties or switching charges, except for reasonable charges covering, essentially, the costs directly linked to the change of operator, in any of the following cases:

(a)

where the provider unilaterally makes a significant change to the contract, including a significant price increase, a reduction in functionalities, a change to the applicable service level agreements, a change to the conditions of use or the removal of an essential functionality;

(b)

where the provider breaches its essential obligations under the contract or this Regulation;

(c)

where the provider no longer complies with an obligation resulting from Regulation (EU) 2023/2854, Regulation (EU) 2016/679, Directive (EU) 2022/2555 or any other applicable legislation in such a way that the customer can no longer reasonably be expected to maintain the contract;

(d)

where the provider, which is contractually obliged to continuously improve the service, is manifestly in breach of that obligation, or where the service level worsens significantly;

(e)

where an event takes place that undermines trust in the provider, such as the loss of certification required by the contract, the removal of a regulatory authorisation or a change of ownership resulting in incompatibility with the customer’s requirements.

Such termination shall not affect other remedies available to the customer pursuant to Union or national contract law.

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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1 b

Remove proposed wording Amendment 686 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE
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.;’
Justification

The proposed exemptions is deleted as they undermine the effectiveness of Chapter VI of the Data Act. Switching rights must remain effective in practice, while any exemptions should be narrowly defined and proportionate. The broad carve-outs introduced by the proposal risk creating loopholes that weaken switching obligations, reinforce vendor lock-in and reduce incentives for interoperability.

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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraphs 1a and 1b

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 688 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1a – subparagraph 1

Deletion marker printed in the source: deleted

Alternative wording Amendment 689 · João Oliveira ITRE · LIBE
The obligations laid down in Chapter VI, with the exception of Article 29,23(d) 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 and if the provider has not yet charged any fees for the adaptation concerned.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1a – subparagraph 1

Remove proposed wording Amendment 690 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1a – subparagraph 2

Deletion marker printed in the source: deleted

Additional proposed wording Amendment 691 · Diego Solier, Sebastian Tynkkynen, Elena Donazzan ITRE · LIBE

1aa. (a) Any early termination obligation shall be transparent, proportionate to the remaining contractual commitment and clearly communicated to the customer before conclusion of the contract.

(b)

This Regulation shall permit providers of data processing services from agreeing fixed-term contracts with customers.

(c)

Where a customer terminates a fixed-term contract before its expiry, the provider may recover proportionate and objectively justified outstanding contractual obligations, provided that such recovery does not constitute an obstacle to switching within the meaning of this Regulation.

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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) – 2023/2854 / Article 31 – paragraph 1c (new)

Remove proposed wording Amendment 692 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Christian Ehler ITRE · LIBE
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).
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – paragraph 1b – subparagraph 1

Deletion marker printed in the source: deleted

Alternative wording Amendment 693 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
A provider of a data processing service may include provisions on proportionate early termination penalties in a fixed-term contract of fixed duration on the provision of data processing services other than those referred to in Article 30(1), provided that such penalties are limited to objectively demonstrated, direct and non-amortised customer-specific costs. They shall not have the object or effect of restricting the customer’s effective switching, data retrieval or contract termination.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1

Alternative wording Amendment 694 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
AWhere the customer is not a natural person, 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). The EDIB shall issue guidelines on the definition of what constitutes proportionate early termination penalties.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1

Alternative wording Amendment 695 · João Oliveira ITRE · LIBE
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), provided that the penalties are not an obstacle to change.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1

Alternative wording Amendment 696 · Zala Černilec Tomašič, Jan Farský, Ondřej Krutílek, Tomáš Zdechovský, Henrik Dahl, Alexandr Vondra, Veronika Vrecionová, Lukas Mandl ITRE · LIBE
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).
Justification

This amendment restores consistency with the Data Act by preserving contractual freedom for all cloud service models (SaaS, PaaS and IaaS). It allows proportionate early termination charges in fixed-term contracts, as originally agreed, while maintaining safeguards under Union and national law. Removing the current limitation avoids legal uncertainty, ensures technology-neutral treatment of cloud services, preserves commercial flexibility, and protects customer choice.

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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1

Alternative wording Amendment 697 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová ITRE · LIBE
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).
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1

Alternative wording Amendment 698 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
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), ifwhere the provisionmajority of suchthe servicesfeatures isand basedfunctionalities onof athe contractservice concludedhas beforebeen oradapted onby 12the Septemberprovider 2025to the specific needs of the customer.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 2

Alternative wording Amendment 699 · João Oliveira ITRE · LIBE
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 29,23(d) 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.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 2

Alternative wording Amendment 700 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 paragraph 1b – subparagraph 2

Alternative wording Amendment 701 · João Oliveira ITRE · LIBE
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.
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 3

Alternative wording Amendment 702 · Damian Boeselager on behalf of the Verts/ALE Group ITRE · LIBE
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.;
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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 3

Additional proposed wording Amendment 703 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

1ba. 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 which are deeply integrated into the customer's own business processes in a manner that makes functional equivalence in an alternative environment technically unachievable, and where those data processing services are not offered at broad commercial scale via the service catalogue of the provider.

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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – Paragraph 1b a (new)

Additional proposed wording Amendment 704 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Christian Ehler ITRE · LIBE

1ba. 1c. 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.

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Header printed in the source: Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b a (new)

Additional proposed wording Amendment 705 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

15a. In Article 31 the following paragraph is inserted:

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.'

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Header printed in the source: Article 1 – paragraph 1 – point 15 a (new) / Regulation (EU) 2023/2854 / Article 31 – paragraph 1c (new)