Article 31
Amendments as tabled
19 amendments, each tabled separately · ITRE–LIBE amendments 527–776 to the draft report
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
- 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
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
- 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)
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
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
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
- 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
- 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
- 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)