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Digital Omnibus legislative tracker
Texts to 22 Oct 2026

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)

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)

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)

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.

Article 31 in the whole Data Act

How the provision changed

Show the statuses

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 withlaw in forcethe proposal10 Jun text18 Jun text3 Sep text2 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.

By political group; co-sponsored amendments count for each group
TypeThe LeftS&DGreens/EFARenewEPPECRPfERapporteur
− Deletion·14·1··2
~ Alternative4·31174·
+ Addition····143·

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

  1. 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

  1. 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
  2. 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
  3. 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
  4. 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
  5. 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 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.

    Tabled by
    Piotr Müller, Diego Solier
    Group
    ECR
    Targets
    Data Act Article 31(1a)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – new paragraph 1a
  6. 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
  7. 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
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1a – subparagraph 1
  8. 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 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.

    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
  9. 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
    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

  1. 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
  2. 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 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.

    Tabled by
    Piotr Müller, Diego Solier
    Group
    ECR
    Targets
    Data Act Article 31(1b)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – paragraph 1b – first subparagraph
  3. 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 the provisionmajority of suchthe servicesservice ischaracteristics basedand onfunctionalities ahave contractbeen concludedadapted beforeby orthe onprovider 12to Septemberthe 2025specific 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
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1 b
  4. 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 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].

    Tabled by
    Piotr Müller, Diego Solier
    Group
    ECR
    Targets
    Data Act Article 31(1b)
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – paragraph 1b – second subparagraph
  5. 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…”

    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.

    Tabled by
    Piotr Müller, Diego Solier
    Group
    ECR
    Targets
    Data Act Article 31
    Document
    IMCO amendments 125–328 to the draft opinion
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation 2023/2854 / Article 31 – new paragraph 1b – third subparagraph
  6. 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
  7. 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
  8. 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 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.

    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 1
  9. 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
  10. 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
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1
Show 7 more amendments
  1. 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
  2. 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
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 1
  3. 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 the provisionmajority of suchthe servicesfeatures isand basedfunctionalities onof athe contractservice concludedhas beforebeen oradapted onby 12the Septemberprovider 2025to 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
  4. 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 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.

    Tabled by
    João Oliveira
    Group
    The Left
    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
  5. 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
  6. 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
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b – subparagraph 3
  7. 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

  1. 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
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation (EU) – 2023/2854 / Article 31 – paragraph 1c (new)
  2. 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)
  3. 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
    Printed header
    Article 1 – paragraph 1 – point 15 / Regulation (EU) 2023/2854 / Article 31 – paragraph 1b a (new)
  4. 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)