Prawo Nowych Technologii

no. 2/2025

Who will control data in the future? Contracts and the Data Act

DOI: 10.32027/PNT.25.2.5
Camilla Kæraa
Policy Officer in the ‘Data Policy and Innovation’ unit of Directorate-General Communications Networks, Content and Technology of the European Commission
Ioana Mazilescu
Deputy Head of unit ‘Digitalisation of justice and judicial training’ of Directorate-General for Justice and Consumers of the European Commission
Tomáš Petrů
Policy Officer in the ‘Cloud and software’ unit of Directorate-General Communications Networks, Content and Technology of the European Commission
Abstract

This article is about how the Data Act - an EU regulation that recently started to apply - fits into the landscape of rules related to data. It highlights the novel way of using contracts as a means of providing new rights and obligations. It then refers to the European Commission’s recommended models for contractual terms for data sharing and standard contractual clauses for cloud computing contracts.

Keywords
Data Act, data, data sharing, cloud, model contracts, standard clauses