The Expert Group on B2B data sharing and cloud computing contracts recently published (nomen est omen) its “Final Report of the Expert Group on B2B data sharing and cloudcomputing contracts” (pdf).
According to Article 41 of the Data Act the Commission should recommend non-binding model contractual terms on data access and use (‘MCTs’) and standard contractual clauses for cloud computing contracts (‘SCCs’) - that’s what this report is about, apparently without an express recommendation by the Commission.
The experts of the Expert group analysed chapters II-IV of the Data Act and drafted the following MCTs to help implement these provisions:
• Data Holder to User
• User to Data Recipient
• Data Holder to Data Recipient
• Data Sharer to Data Recipient
Additionally, the report contains non-binding standard contractual clauses for cloud computing contracts to assist parties in drafting such agreements.