{"page":"/blog/eu-data-act-ad-tech","modified":"2026-11-10","license":"https://creativecommons.org/licenses/by/4.0/","columns":["Topic","Data Act today","Commission proposal, COM(2025) 837","Council mandate, 14756/26"],"rows":[["Custom-made cloud services on contracts signed by 12 Sep 2025","Full Chapter VI, except Article 31 custom-built carve-out","Lighter regime for custom-made services (COM(2025) 837)","Chapter VI and Article 34 disapplied except Article 29; clauses contrary to Article 29 void (new Article 31(1a), p. 79)"],["SME and small mid-cap providers, non-IaaS, contracts by 12 Sep 2025","Full Chapter VI","Lighter regime (COM(2025) 837)","Same carve-out, Article 29 kept (pp. 79 to 80)"],["Early termination penalties in fixed-term contracts","Must not obstruct switching","Clarified as permitted for SME and small mid-cap providers","Proportionate penalties permitted for non-IaaS services (p. 79)"],["Trade secrets in Chapter II","Refusal on serious economic damage","New refusal ground for third-country risk","Kept, with Commission guidelines (recitals 11 to 14a)"],["Business-to-government requests","\"Exceptional need\"","Public emergencies only","Public emergencies only (recital 15)"],["Smart contracts, Article 36","Essential requirements","Essential requirements removed","Article 36 deleted"]],"sourceUrls":[["https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52025PC0837"],["https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52025PC0837"],[],[],[],[]]}