Data Act· Article 31
Text
Article 31 Data Act as printed in the Council text of 22 October 2026
Specific regime for certain data processing services
Source Council, 22 October 2026. Article 31: ST 14756/26, page 79 · pp. 79–80 · exact text page
Scope This text prints Article 31(1a), Article 31(1b), Article 31(1c) only.
Article 31(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)
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.
Article 31(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.
How the provision changed
Each text against the law in forceEach text against the text before it
| What each text would do to the law in force | ||||||
|---|---|---|---|---|---|---|
| Element | Commission19 Nov 2025Art 31 | Council10 Jun 2026Art 31 | Council18 Jun 2026Art 31 | Council3 Sep 2026Art 31 | Council2 Oct 2026Art 31 | Council22 Oct 2026Art 31 |
| Compared with | law in force | the proposal | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| Exemption for customised data processing services under earlier contracts | 31(1a) Adds Added | 31(1a) Adds Unchanged | 31(1a) Adds Unchanged | 31(1a) Adds Unchanged | 31(1a) Adds Unchanged | 31(1a) Adds Unchanged |
| Exemption for SME and SMC providers under earlier contracts | 31(1b), second, third and fourth sentences Adds Added | 31(1b) Adds Unchanged | 31(1b) Adds Unchanged | 31(1b) Adds Unchanged | 31(1b) Adds Unchanged | 31(1b) Adds Unchanged |
| Early termination penalties in fixed-term contracts | 31(1b), first sentence Adds Added | 31(1c) Adds, changed since the proposal Changed Moved from the first subparagraph of the Commission paragraph 1b into the new paragraph 1c, without the words ‘other than those referred to in Article 30(1)’. | 31(1c) Adds Unchanged | 31(1c) Adds Unchanged | 31(1c) Adds Unchanged | 31(1c) Adds Unchanged |
Each text against the law in force: +Adds adds a provision the law in force lacks changed from the text before
Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before
Parliament amendments
31 amendments to this article
8 would delete the wording, 17 propose alternative wording and 6 would add wording.
| Type | The Left | S&D | Greens/EFA | Renew | EPP | ECR | PfE | Rapporteur |
|---|---|---|---|---|---|---|---|---|
| − Deletion | · | 1 | 4 | · | 1 | · | · | 2 |
| ~ Alternative | 4 | · | 3 | 1 | 1 | 7 | 4 | · |
| + Addition | · | · | · | · | 1 | 4 | 3 | · |
By political group
- − Deletion S&D 1 Greens/EFA 4 EPP 1 Rapporteur 2
- ~ Alternative The Left 4 Greens/EFA 3 Renew 1 EPP 1 ECR 7 PfE 4
- + Addition EPP 1 ECR 4 PfE 3
Show
Paragraph (1)1 amendment
260 +Addition Piotr Müller +1ECR · IMCO “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…”
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.
- Tabled by
- Piotr Müller, Diego Solier
- Group
- ECR
- Targets
- Data Act Article 31(1)
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 14 b (new) / Regulation 2023/2854 / Article 31 – paragraph 1
Paragraph (1a)Exemption for customised data processing services under earlier contracts9 amendments
34 −Deletion Brando Benifei (rapporteur)Rapporteur · JURI Deletes the Commission’s wording
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.
- Rapporteur
- Brando Benifei
- Group
- Rapporteur
- Targets
- Data Act Article 31
- Document
- JURI draft opinion
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraphs 1a and 1b
55 −Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the Commission’s wording
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.
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.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 31
- Document
- IMCO draft opinion
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31
196 −Deletion David CormandGreens/EFA · JURI Deletes the Commission’s wording
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.
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.;’- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 31
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31
261 −Deletion David CormandGreens/EFA · IMCO Deletes the Commission’s wording
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.
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.;’- Tabled by
- David Cormand on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 31
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31
262 ~Alternative Piotr Müller +1ECR · 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, where the…”
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 beforeor[entryoninto12forceSeptemberof2025this 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.
- Tabled by
- Piotr Müller, Diego Solier
- Group
- ECR
- Targets
- Data Act Article 31(1a)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 117
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – new paragraph 1a
686 −Deletion Elena Sancho Murillo +7S&D · ITRE–LIBE Deletes the Commission’s wording
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.
- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Matthias Ecke, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 31
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraphs 1a and 1b
688 −Deletion Damian BoeselagerGreens/EFA · ITRE–LIBE Deletes the Commission’s wording
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.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 31(1a)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 125
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1a – subparagraph 1
689 ~Alternative João OliveiraThe Left · ITRE–LIBE “and if the provider has not yet charged any fees for the adaptation concerned”
The obligations laid down in
Chapter VI, with the exception ofArticle29,23(d) andinArticle 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.- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 31(1a)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1a – subparagraph 1
690 −Deletion Damian BoeselagerGreens/EFA · ITRE–LIBE Deletes the Commission’s wording
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.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 31(1a)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 126
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1a – subparagraph 2
Paragraph (1b)Exemption for SME and SMC providers under earlier contracts17 amendments
263 ~Alternative Virginie JoronPfE · IMCO “They must not be intended to restrict or result in a restriction of the effective possibility for customers to change provider, retrieve their data…”
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.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 31(1b)
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1 b
264 ~Alternative Piotr Müller +1ECR · IMCO “A provider of a data processing service may include provisions on early termination penalties in a contract of fixed duration on the provision of…”
A provider of a data processing service may include provisions on
proportionateearly termination penalties in a contract of fixed duration on the provision of data processing servicesother 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.
- Tabled by
- Piotr Müller, Diego Solier
- Group
- ECR
- Targets
- Data Act Article 31(1b)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 118
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – paragraph 1b – first subparagraph
265 ~Alternative Virginie JoronPfE · IMCO “specific needs of the customer”
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 theprovisionmajority ofsuchtheservicesserviceischaracteristicsbasedandonfunctionalitiesahavecontractbeenconcludedadaptedbeforebyortheonprovider12toSeptemberthe2025specific needs of the customer.- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 31(1b)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 119
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1 b
266 ~Alternative Piotr Müller +1ECR · IMCO “Where the provider of data processing service is a micro, small or medium-sized enterprise, the obligations laid down in Chapter VI, with the…”
Where the provider of data processing service is a micro, small
andor medium-sized enterpriseor 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 servicesother than those referred to in Article 30(1), if the provision of such services is based on a contract concluded beforeor[entryoninto12forceSeptemberof2025this Regulation].- Tabled by
- Piotr Müller, Diego Solier
- Group
- ECR
- Targets
- Data Act Article 31(1b)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 119
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – paragraph 1b – second subparagraph
267 ~Alternative Piotr Müller +1ECR · IMCO “The providers of a data processing services shall not be required to renegotiate or amend a contract for the provision of a data processing service…”
WhereThethe providerproviders of a data processingservice 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 serviceother than those referred to in Article 30(1)before its expiry1if that contract was concluded beforeor[entryoninto12forceSeptemberof2025this 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.
- Tabled by
- Piotr Müller, Diego Solier
- Group
- ECR
- Targets
- Data Act Article 31
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 120
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – new paragraph 1b – third subparagraph
268 +Addition Virginie JoronPfE · IMCO “Notwithstanding paragraph 1b, the customer may terminate the contract without incurring early termination penalties or switching charges, except for…” numbered 1b
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.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 31(1b)
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1 b
692 −Deletion Aura Salla +3EPP · ITRE–LIBE Deletes the Commission’s wording
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).- Tabled by
- Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Christian Ehler
- Group
- EPP
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – paragraph 1b – subparagraph 1
693 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “They shall not have the object or effect of restricting the customer’s effective switching, data retrieval or contract termination.”
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 provisionof 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.- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 128
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1
694 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “The EDIB shall issue guidelines on the definition of what constitutes proportionate early termination penalties.”
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.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1
695 ~Alternative João OliveiraThe Left · ITRE–LIBE “provided that the penalties are not an obstacle to change”
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.
- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 129
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1
Show 7 more amendments
696 ~Alternative Zala Černilec Tomašič +7EPP, ECR · 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…”
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.
- Tabled by
- Zala Černilec Tomašič, Jan Farský, Ondřej Krutílek, Tomáš Zdechovský, Henrik Dahl, Alexandr Vondra, Veronika Vrecionová, Lukas Mandl
- Group
- EPP, ECR
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1
697 ~Alternative Michael McNamara +3Renew · 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…”
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).- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová
- Group
- Renew
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 130
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1
698 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “to the specific needs of the customer”
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 theprovisionmajority ofsuchtheservicesfeaturesisandbasedfunctionalitiesonofathecontractserviceconcludedhasbeforebeenoradaptedonby12theSeptemberprovider2025to the specific needs of the customer.- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 2
699 ~Alternative João OliveiraThe Left · ITRE–LIBE “Where the provider of data processing service is a small and medium-sized enterprise, the obligations laid down in Article 23(d) and in Article 34…”
Where the provider of data processing service is a small and medium-sized enterprise
or a small mid-cap, the obligations laid down inChapter VI, with the exception ofArticle29,23(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.- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 131
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 2
700 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “Where the provider of data processing service is a small and medium-sized enterprise, the obligations laid down in Chapter VI, with the exception of…”
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.- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 paragraph 1b – subparagraph 2
701 ~Alternative João OliveiraThe Left · ITRE–LIBE “Where the provider of a data processing service is a small and medium-sized enterprise, the provider shall not be required to renegotiate or amend a…”
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.- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 132
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 3
702 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “Where the provider of a data processing service is a small and medium-sized enterprise, the provider shall not be required to renegotiate or amend a…”
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.;- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 31(1b)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 3
New paragraphs4 amendments
691 +Addition Diego Solier +2ECR · ITRE–LIBE “1aa. (a) Any early termination obligation shall be transparent, proportionate to the remaining contractual commitment and clearly communicated to the…”
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.
- Tabled by
- Diego Solier, Sebastian Tynkkynen, Elena Donazzan
- Group
- ECR
- Targets
- Data Act Article 31 – paragraph 1c (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 127
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) – 2023/2854 / Article 31 – paragraph 1c (new)
703 +Addition Julie Rechagneux +7ECR, PfE · 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…”
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.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 31 – Paragraph 1b a (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – Paragraph 1b a (new)
704 +Addition Aura Salla +4EPP · 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…”
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.
- Tabled by
- Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Christian Ehler
- Group
- EPP
- Targets
- Data Act Article 31 – Paragraph 1b a (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 134
- Printed header
- Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b a (new)
705 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Notwithstanding paragraph 1b, the customer may terminate the contract without incurring any early termination penalty or switching charge, other than…”
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.'
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 31 – paragraph 1c (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 15 a (new) / Regulation (EU) 2023/2854 / Article 31 – paragraph 1c (new)