Article 31

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.

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.

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.

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.

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.

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].

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.