EU Data Act Data Processing Service Switching

The Data Act defines a data processing service as a digital service that gives a customer ubiquitous, on-demand network access to a scalable and elastic pool of shareable computing resources that can be rapidly provisioned and released with minimal management effort or provider interaction. This covers cloud and edge models that meet the definition; a product called hosting, software, or managed service does not fall within Chapter VI unless it meets that test. Identify the source provider, customer, destination provider or on-premises ICT infrastructure, service type, and requested route.

Article 23 requires providers to remove obstacles that inhibit termination after the allowed notice period and successful switching, conclusion of a replacement contract, porting of exportable data and digital assets, functional equivalence where applicable, and technically feasible unbundling. Article 24 limits the source provider's technical responsibilities to the services, contracts, or commercial practices it provides.

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. The contract should describe the route, assistance, continuity, security, data retrieval, erasure, and any permitted switching charges.

The customer must be able to choose, after the maximum notice period, whether to switch to another provider, switch to on-premises ICT infrastructure, or erase exportable data and digital assets. The provider must support an exit strategy relevant to the contracted services, including by providing relevant information. The contract must also state when termination occurs and require the provider to notify the customer of termination.

A useful switching file lists the categories of data and digital assets that can be ported during the switching process, including at least all exportable data. Exportable data means input and output data, including metadata, directly or indirectly generated or cogenerated through the customer's use, except provider or third-party material protected by intellectual property rights or trade secrets. Digital assets are digital elements, including applications, that the customer may use independently of the service contract being exited.

The switching file should also list provider-internal categories exempted because export would risk disclosure of trade secrets, provided those exemptions do not impede or delay the switching process.

Article 26 requires providers to give customers information on switching and porting procedures, available methods and formats, and known restrictions or technical limitations. Providers must also point customers to an up-to-date online register with data structures, data formats, relevant standards, and open interoperability specifications for exportable data.

The Regulation applies from 12 September 2025, while Article 29 defines a switching-charge phase-down period running from 11 January 2024 to 12 January 2027. During the applicable part of that period, providers may impose reduced switching charges only up to 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 contracting, providers must give clear information on standard service fees, early termination penalties, and any reduced switching charges that may be imposed during the phase-out period. Where relevant, they must also inform customers about services with highly complex or costly switching, or where switching is impossible without significant interference in data, digital assets, or service architecture.

Article 30 treats infrastructure-like services differently from other data processing services. For scalable and elastic computing resources limited to infrastructure elements, the source provider must take all reasonable measures in its power to help the customer achieve functional equivalence in the destination service for the same service type.

For other data processing services, providers must make open interfaces available free of charge to customers and destination providers to support switching. Where no common specification or harmonised standard has been published for a same-service-type switch, the provider must, at the customer's request, export all exportable data in a structured, commonly used, machine-readable format.

The Commission has published non-binding model contractual terms and standard contractual clauses for cloud computing contracts. The cloud clauses are useful for drafting because they translate Chapter VI into contract language for switching and exit, termination, and security and business continuity during switching.

Keep the hierarchy clear in the contract file: the Data Act is the binding source, while the Commission model terms and standard contractual clauses are voluntary implementation support. If the parties amend the model language, keep the clause-to-Data-Act cross-reference so customer rights, provider duties, and technical limits remain visible.

The evidence pack should prove that the provider removed relevant obstacles, gave the customer the required information, supported the selected switching route, maintained continuity and security, applied the correct charge position, enabled retrieval, and completed erasure when required.

Make the record readable outside the migration team. Legal, procurement, security, engineering, support, and account teams should be able to see the contract clause, source article, customer communication, technical export proof, and closure evidence without reconstructing the switch from ticket comments.