Brussels: Model contractual clauses for B2B data sharing

03.04.2023

As a member of the European Expert Group on B2B Data Sharing, Christiane Wendehorst was invited to Brussels, where she presented her draft model contractual clauses.

In March, Christiane Wendehorst participated in the meeting of the European Expert Group on B2B Data Sharing and Cloud Computing in Brussels, where she presented draft model contractual clauses for mandatory data sharing under the future Data Act. The proposal for a Data Act includes provisions on mandatory data sharing, in particular upon a request by the users of connected products and related services. According to Article 34 of the Proposal model contractual terms will be prepared in order to facilitate B2B data sharing.

In her position as the European leader of the transnational project ALI-ELI Principles for a Data Economy, Wendehorst is considered one of the leading experts in data law.

Within the framework of the Expert Group, Wendehorst has developed first draft model contractual clauses for the relationship between a data holder and a third party data recipient and has now presented them to the other experts in Brussels. The clauses set out the conditions for data access as well as its use and help to ensure that contracts are concluded on fair terms and that the balance between the parties is maintained.