Key data
| Regulation | Commission Recommendation (EU) 2026/2394, of 29 October 2026 |
|---|---|
| Publication | 6 November 2026 |
| Entry into force | 29 October 2026 |
| Affected parties | Companies, self-employed individuals and administrations that share data or contract cloud services |
| Category | European Regulation |
| Nature | Voluntary (non-binding) |
| Regulatory framework | EU Data Regulation (Data Act) |
If your company contracts cloud services or shares data with other organizations, the European Commission has just published a tool that can save you time, money and contractual conflicts. The Recommendation (EU) 2026/2394, published on 6 November 2026, approves non-binding standard contractual clauses for two critical areas: data access and use between companies (B2B and B2G) and cloud computing contracts.
Its adoption is voluntary, but it has very concrete consequences: companies that use them will be able to more easily demonstrate their regulatory compliance to Data Act control authorities.
What does this regulation establish?
The Recommendation approves two blocks of differentiated contractual templates:
| Block | Scope | Aspects covered |
|---|---|---|
| Standard data access clauses | B2B and B2G contracts (company-to-company and company-to-administration) | Access, use and transfer of data between parties |
| Standard cloud clauses | Cloud computing contracts | Portability, interoperability, service levels (SLA) and contract termination conditions |
The cloud clauses are especially relevant because they address four aspects that usually remain in the «fine print» of contracts with large providers:
- Portability: conditions for moving your data to another provider.
- Interoperability: technical compatibility between platforms.
- Service levels (SLA): commitments on availability and performance.
- Termination conditions: what happens when you want to exit the contract.
The reference framework is the EU Data Regulation (Data Act), which regulates access to and use of data generated by connected products and related services. These templates are the practical tool for implementing it in day-to-day contracts.
Economic and operational impact
The impact is not a direct sanction, but an opportunity to reduce legal risk and negotiation costs. These are the practical consequences for companies:
- Reduction of legal uncertainty: the templates offer a balanced starting point, validated by the European Commission, which avoids lengthy and costly negotiations.
- Greater negotiating power for SMEs: against large cloud providers (which impose their conditions by default), these clauses give small companies a recognized contractual basis.
- Ease of regulatory audit: if a control authority reviews your Data Act compliance, having contracts based on these templates greatly simplifies demonstrating conformity.
- Risk of not adopting them: there is no direct sanction for not using them, but current cloud contracts that do not cover portability, interoperability or termination conditions can generate conflicts and very high costs for changing providers.
Who does it affect?
- SMEs and self-employed individuals that contract cloud services (storage, SaaS, IaaS, PaaS).
- Medium and large companies that share data with partners, customers or suppliers in B2B environments.
- Public administrations that access data from private companies or contract cloud services (B2G environments).
- Cloud service providers that operate in the EU and must adapt their standard contracts.
- Legal and procurement departments responsible for reviewing and negotiating technology contracts.
- Legal advisors and consultants that support companies in Data Act compliance.
Practical example
An SME with 25 employees using a cloud storage service from a large international provider signs the provider's standard contract without negotiating. That contract does not include clear portability clauses or termination conditions.
Two years later, the company decides to change providers. Without defined portability clauses, data migration can take months of technical work and legal fees to resolve the dispute over the format and timeline for data delivery.
If the company had used the standard cloud clauses from Recommendation (EU) 2026/2394 as a basis for negotiation, the contract would have included clear portability and interoperability conditions from the start, reducing the cost and time of changing providers. Additionally, in case of inspection by a Data Act control authority, the company could easily demonstrate its regulatory compliance.
What should companies do now?
- Review existing cloud contracts: identify whether your current contracts with cloud providers include portability, interoperability, service levels and termination conditions clauses. If they don't, you are at operational risk.
- Download and analyze the official templates: access Recommendation (EU) 2026/2394 in the EU Official Journal and review the published standard clauses.
- Incorporate clauses in new negotiations: use the templates as a starting point in any new cloud or data access contract. This strengthens your position against the provider.
- Update B2B and B2G data sharing contracts: if your company shares data with partners or with the administration, review that existing agreements cover the aspects of access, use and transfer covered by the new standard clauses.
- Document Data Act compliance: if you already use or adopt these templates, keep evidence of it. In a regulatory audit, this documentation simplifies demonstrating compliance.
Frequently asked questions
Is it mandatory to use the EU standard clauses in cloud contracts?
No. Recommendation (EU) 2026/2394 is non-binding in nature, meaning its adoption is completely voluntary. However, companies that use them will be able to more easily demonstrate their compliance with the Data Regulation (Data Act) to control authorities, which significantly reduces regulatory risk.
What aspects do the standard clauses for cloud computing contracts cover?
The cloud clauses of Recommendation (EU) 2026/2394 address four key aspects: data portability (conditions for changing providers), interoperability (technical compatibility between platforms), service levels or SLA (commitments on availability and performance) and contract termination conditions (what happens at the end of the contractual relationship).
Do these standard clauses also apply to contracts between companies and public administrations?
Yes. The Recommendation includes clauses for B2B (company-to-company) and B2G (company-to-public-administration) contracts, covering data access, use and transfer in both types of relationships.
When did this European Commission recommendation enter into force?
Recommendation (EU) 2026/2394 was adopted on 29 October 2026 and published in the EU Official Journal on 6 November 2026. It entered into force on the date of adoption, 29 October 2026.
What advantage do SMEs have by using these templates against large cloud providers?
SMEs and self-employed individuals typically sign the standard contracts imposed by large cloud providers, which are usually favorable to the provider. The standard clauses of Recommendation (EU) 2026/2394 offer a balanced and Commission-recognized negotiating basis, giving small companies solid arguments to demand fairer conditions on portability, interoperability and contract termination.
Official source
Consult full regulation on official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202602394
