§ Data Act · Article 41
Data Act Article 41: Obligations, Deadlines & Penalties
At a glance
Article 41 of the Data Act imposes 2 obligations on Commission. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 41
Obligation 1
The Commission shall develop and recommend non-binding model contractual terms on data access and use, including terms on reasonable compensation and the protection of trade secrets.
Regulation (EU) 2023/2854, Article 41, Article 41
- Obligated entity
-
Commission
- Action required
-
develop
- Deadline
-
before 12 September 2025
- Penalty
-
—
Obligation 2
The Commission shall develop and recommend non-binding standard contractual clauses for cloud computing contracts to assist parties in drafting and negotiating contracts with fair, reasonable and non-discriminatory contractual rights and obligations.
Regulation (EU) 2023/2854, Article 41, Article 41
- Obligated entity
-
Commission
- Sector scope
- cloud computing
- Action required
-
develop
- Deadline
-
before 12 September 2025
- Penalty
-
—
§ Deadlines
Data Act compliance deadlines
-
2025-09-12
Data Act applies (Regulation (EU) 2023/2854)
in_force
-
2026-09-12
Data Act Art 3(1) access-by-design for connected products and related services placed on the market after 12 September 2026
in_force
-
2027-01-12
Data Act: data-processing (cloud) switching charges fully abolished (Art 29)
scheduled
-
2027-09-12
Data Act Chapter IV (unfair contractual terms) extends to long-term contracts concluded on or before 12 September 2025
scheduled
§ Frequently asked
Questions about Article 41
Who must comply with Article 41 of the Data Act?
+
Commission.
What does Article 41 of the Data Act require?
+
develop
What is the compliance deadline for Data Act Article 41?
+
before 12 September 2025