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MAR 13, 2025 | EUROPEAN UNION

BSA and Industry Groups Urge the European Commission to Fix Unclear Contract Terms in the Data Act

BRUSSELS - The Business Software Alliance and a coalition of industry groups have urged the European Commission to revise its approach to implementing the Data Act, warning that draft Standard Contractual Clauses (SCCs) and Model Contract Terms (MCTs) risk creating confusion and overstepping legal boundaries.

In a joint letter, the groups argue that the draft contract provisions “fail to strike a fair balance between the parties and should better take into account established industry practices.” They caution that the current text imposes obligations beyond what EU legislators intended, potentially conflicting with existing laws like the GDPR.

The Data Act is designed to boost Europe’s data-driven economy by setting clear rules for access and use of data. However, the industry warns that overly rigid SCCs and MCTs could “impede adoption” and discourage participation in the data ecosystem.

The letter's co-signatories include Adigital, CCIA Europe, Global Data Alliance, ITI, and ZPP.

Read the full letter here

ABOUT BSA

The Business Software Alliance (www.bsa.org) is the global trade association of the enterprise software industry, representing companies that are leaders in artificial intelligence, cybersecurity, cloud computing, and other cutting-edge technologies. We work in over 20 markets in the US, Europe, and Asia, advocating for policies that build trust in technology so that every industry sector and the public can benefit from innovation. 

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