Artifact GuideEUData Act

EU Data Act Cloud Switching and Exit Plans

Build a cloud exit plan for Data Act data processing services: what the contract must say, what data and digital assets can move, what assistance is owed, and what evidence proves the switch was not obstructed.

Focused on Chapter VI switching duties, the charge phase-out, technical export and interoperability rules, in-parallel use, and the Commission's non-binding cloud contract clauses.

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Author

Sorena AI

Published

May 6, 2026

Updated

May 6, 2026

Sections

Structured answer sets in this page tree.

Primary sources

Cited legal and guidance references.

Publication metadata

Sorena AI

Published May 6, 2026

Updated May 6, 2026

Overview

This page is for providers and customers planning a Data Act exit from a cloud or other data processing service. It turns the switching rules into a contract-and-operations checklist without treating the provider as responsible for rebuilding the customer's whole destination environment.

Section 1

Start with the covered service and switching route defined by the Data Act

The Data Act switching chapter applies to providers of data processing services and their customers. The exit file should identify the source service, whether the customer is moving to another provider of the same service type, moving to on-premises ICT infrastructure, using providers in parallel, or choosing erasure at termination.

Article 23 requires providers to remove pre-commercial, commercial, technical, contractual, and organisational obstacles that inhibit switching, conclusion of a replacement contract, porting of exportable data and digital assets, functional equivalence where applicable, or technically feasible unbundling.

Record the source provider, customer, destination provider or on-premises target, service type, contract identifier, and requested switching action.
Separate a true switch from in-parallel use because Article 34 allows egress charges for parallel use only to pass on incurred egress costs.
Check whether the service is a custom-built individual-customer service or limited non-production test service, because Article 31 excludes or narrows some Chapter VI duties.
Do not promise functional equivalence until the plan confirms the service type and whether Article 30 infrastructure-service rules apply.

Sources for this answer

Regulation (EU) 2023/2854 (Data Act)

Articles 23, 24, 31, and 34 define switching routes, technical-scope limits, exclusions, and in-parallel-use treatment.

European Commission - Data Act explained

Commission overview explaining that the Data Act increases fairness and competition in the European cloud market.

Section 2

Put the switching terms required by the Data Act into the cloud service contract

Article 25 requires the customer's switching rights and the provider's obligations to be clearly set out in a written contract that the customer can store and reproduce before signing. An exit plan should therefore start from the signed contract, not from a separate policy page that the customer cannot enforce.

The contract needs more than a termination clause. It must cover the customer's right to switch or port exportable data and digital assets, provider assistance, business continuity, known continuity risks, security during transfer and retrieval, the notice period, retrieval period, erasure, and any allowed switching charges.

Include a maximum notice period for initiating switching that does not exceed two months.
Include a mandatory maximum transitional period of 30 calendar days after notice, unless the provider justifies technical unfeasibility within 14 working days and proposes an alternative period not exceeding seven months.
Give the customer the right to extend the transitional period once for a period the customer considers more appropriate.
Include a minimum data-retrieval period of at least 30 calendar days after the transitional period ends.
Include full erasure of exportable data and customer-generated or customer-related digital assets after retrieval expires, or after a later agreed date if the switch completed successfully.

Sources for this answer

Regulation (EU) 2023/2854 (Data Act)

Article 25 lists the mandatory written contract content for switching, transitional periods, retrieval, erasure, assistance, continuity, and security.

European Commission - Model contractual terms and cloud standard clauses

Commission material for voluntary model terms and standard contractual clauses that can help draft cloud switching contracts.

Section 3

Inventory exportable data, digital assets, and provider-side exclusions for Data Act switching

The useful exit inventory is an exhaustive specification of the data and digital asset categories that can be ported during the switch, including at least all exportable data. It should also identify provider-internal data categories excluded because export would risk disclosing trade secrets, provided the exclusion does not impede or delay switching.

Article 26 adds an information layer: providers must tell customers the available switching and porting procedures, methods, formats, restrictions, and known technical limitations. Providers must also maintain an up-to-date online register with data structures, data formats, relevant standards, and open interoperability specifications for exportable data.

For each export category, record format, schema or data structure, delivery method, validation check, destination dependency, and known restriction.
List digital assets separately from data so configuration artifacts, metadata, deployment materials, and logs are not hidden in a generic data-export label where they are exportable.
Identify provider-internal exclusions and the trade-secret or security reason for each exclusion.
Link the contract to the provider's current online register and keep a dated copy or evidence snapshot used for the exit.

Sources for this answer

Regulation (EU) 2023/2854 (Data Act)

Articles 25 and 26 support the export inventory, exempted provider-internal categories, format information, technical limitations, and online register requirements.

Section 4

Control switching charges and customer-facing fee disclosures the Data Act regulates

The Data Act phases out switching charges for data processing services. From 11 January 2024 to 12 January 2027, providers may impose reduced switching charges, but those charges may not exceed costs directly linked to the switching process. From 12 January 2027, providers may not impose switching charges on the customer for the switching process.

Before entering into a contract, providers must give clear information on standard service fees, early termination penalties, and reduced switching charges that may be imposed during the phase-out period. Where relevant, providers must also identify services with highly complex, costly, or materially disruptive switching.

Keep a charge register showing each proposed switching charge, cost basis, period covered, and whether it is still permitted under Article 29.
Separate standard service fees and early termination penalties from switching charges so the exit record does not relabel switching costs.
Publish or otherwise make easily accessible the required charge and complex-switching information where Article 29 applies.
For in-parallel use, record any data egress charge separately and show that it only passes on incurred egress costs.

Sources for this answer

Regulation (EU) 2023/2854 (Data Act)

Articles 29 and 34 support the switching-charge phase-out, pre-contract fee information, complex-switching disclosures, and in-parallel egress-cost rule.

European Commission - Data Act explained

Commission overview confirms the cloud switching charge phase-out and the later removal of switching charges.

Section 5

Treat Data Act functional equivalence and interoperability as technical commitments, not slogans

Article 30 distinguishes infrastructure-like services from other data processing services. For scalable and elastic infrastructure resources, the source provider must take all reasonable measures in its power to help the customer achieve functional equivalence in the destination service, including capabilities, information, documentation, technical support, and appropriate tools.

For other data processing services, providers must make open interfaces available free of charge to customers and destination providers. They must ensure compatibility with common specifications or harmonised interoperability standards after the Data Act's standards-repository trigger applies. Until those references are published for a same-service-type switch, customers can request export of all exportable data in a structured, commonly used, machine-readable format.

Classify whether the service is infrastructure-only under Article 30(1) or another data processing service under Article 30(2)-(5).
For infrastructure services, document the capabilities, information, documentation, technical support, and tools provided to support functional equivalence.
For other services, record the open interfaces made available and whether a relevant common specification or harmonised standard has been published in the central Union standards repository.
Do not require the provider to develop new technology, disclose protected intellectual property or trade secrets, or compromise service security and integrity.

Sources for this answer

Regulation (EU) 2023/2854 (Data Act)

Articles 30 and 35 support the technical switching rules, standards trigger, structured export fallback, and limits for intellectual property, trade secrets, security, and integrity.

CEN and CENELEC - Data Act standardization request accepted

Standardization update supporting the operational need to track Data Act interoperability, portability, and switchability deliverables.

Section 6

Keep an evidence pack that proves the Data Act exit and switching were supported

A good Data Act cloud exit file should show that the provider removed obstacles, gave the required contract and technical information, maintained continuity and security during the switch, supported retrieval, and completed erasure when required.

The evidence should be usable by legal, procurement, engineering, security, support, and account teams. Avoid relying only on ticket comments: preserve the contract terms, export register, handoff records, charge rationale, and customer acceptance evidence together.

Contract evidence: signed switching clauses, pre-signing copy availability, notice date, selected route, transition period, retrieval period, erasure clause, and customer extension if used.
Export evidence: data and digital asset inventory, provider online register snapshot, formats, schemas, interfaces, restrictions, exclusions, transfer logs, and customer validation result.
Operational evidence: assistance provided, support contacts, continuity-risk notices, security controls during transfer and retrieval, incident notes, and destination-provider coordination.
Fee evidence: standard service fees, early termination penalties, reduced switching-charge calculation if used, public or customer-facing charge disclosures, and egress-cost record for in-parallel use.
Closure evidence: termination notice, retrieval completion, erasure confirmation, unresolved exceptions, trade-secret or security limitations, and final customer communication.

Sources for this answer

Regulation (EU) 2023/2854 (Data Act)

Articles 23-31 and 34-35 provide the legal basis for the exit evidence categories: obstacle removal, contract content, information, charges, technical support, interoperability, retrieval, and erasure.

European Commission - Model contractual terms and cloud standard clauses

Commission cloud clauses are non-binding drafting support for structuring contract evidence, not a substitute for checking the binding Data Act text.

Recommended next step

Turn the Data Act switching rules into an exit evidence pack

Use the switching contract, export inventory, charge register, interoperability check, and closure records as one reviewable file for cloud exit planning.

Research workflow

Open Research Copilot

Answer Data Act scope and cloud switching questions with cited outputs.

Explore next step

Talk to Sorena

Talk through implementation

Review the service scope, switching clauses, export records, and support model for a Data Act exit plan.

Explore next step

Primary sources

References and citations

CEN and CENELEC - Data Act standardization request accepted

cencenelec.eu

Referenced sections

Standardization update supporting the operational need to track Data Act interoperability, portability, and switchability deliverables.

European Commission - Data Act explained

digital-strategy.ec.europa.eu

Referenced sections

Commission overview confirms the cloud switching charge phase-out and the later removal of switching charges.

European Commission - Model contractual terms and cloud standard clauses

digital-strategy.ec.europa.eu

Referenced sections

Commission cloud clauses are non-binding drafting support for structuring contract evidence, not a substitute for checking the binding Data Act text.

Regulation (EU) 2023/2854 (Data Act)

eur-lex.europa.eu

Referenced sections

Articles 23-31 and 34-35 provide the legal basis for the exit evidence categories: obstacle removal, contract content, information, charges, technical support, interoperability, retrieval, and erasure.

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