Data Act: Recommendations by CISPE for the upcoming Trilogues

May 15, 2023 | Position Paper

CISPE has been a strong supporter of the objectives of the Data Act and its legitimate goal of removing unnecessary contractual and technical switching barriers in the cloud. Now that the file close to being finalised, we want to ensure that the co-legislators find an agreement that is balanced, future-proof and does not hinder innovation.

For this, we have developed a paper suggesting various ‘landing zones’ for policy-makers on the provisions most relevant for a healthy European cloud ecosystem.


The paper concerns the following areas:

  • Multi-cloud: Remove the obligation proposed by the Council for providers to provide data transfers in the context of multi-cloud for free, which could cause technical issues, loss of revenue and subsequently higher cloud pricers.
  • Termination deadlines: Maintaining the ability for cloud customers to negotiate fixed-term contracts for a discounted rate;
  • Definition of ‘exportable data’: Making sure that cloud providers don’t have to provide trade secrets and other confidential data to their competitors;
  • Switching costs: Ensuring that CISPs are never be obliged to bear costs outside of their control;
  • Functional equivalence: Ensure clarity regarding the scope of application

Any questions? Please don’t hesitate to reach out.