Artifact GuideEUData Act

EU Data Act Data Processing Service Switching

Translate Chapter VI switching rules into provider and customer actions for cloud, edge, and other data processing services: contract terms, exit support, exportable data, fees, and interoperability.

Focused on the binding Data Act text and Commission materials for switching, in-parallel use, data export, and non-binding cloud contract clauses.

Author
Sorena AI
Published
May 6, 2026
Updated
Jul 24, 2026
Sections
7

Structured answer sets in this page tree.

Primary sources
4

Cited legal and guidance references.

Publication metadata
Sorena AI
Published May 6, 2026
Updated Jul 24, 2026
Overview

Data Act Chapter VI has applied since 12 September 2025 to providers and customers handling a switch, exit, or in-parallel use of a . Start by choosing the route: another provider, the customer's on-premises ICT infrastructure, erasure at termination, or parallel use. Then define the contract terms, export scope, assistance, timing, security, charges, retrieval, and closure evidence.

Section 1

Confirm the service, customer route, and provider roles

The Data Act defines a 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.

  • Name the source provider, customer, destination provider or on-premises target, affected service type, contract, and requested switching action.
  • Separate switching from in-parallel use because Article 34 applies selected switching duties to parallel use and has its own egress-cost rule.
  • For a service whose main features are mostly custom-built for one customer, or whose components were all developed for one customer, and that is not offered at broad commercial scale through the provider's service catalogue, Article 31(1) removes only Article 23(d), Article 29, and Article 30(1) and (3).
  • Chapter VI does not apply to a non-production service supplied for testing and evaluation for a limited period. Before contracting for either Article 31 category, the provider must tell the prospective customer which Chapter VI duties do not apply.
  • Do not present the source provider as responsible for capabilities outside its own service, contract, or commercial practice.
Section 2

Put switching and exit rights in a written 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. 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.

  • Include a maximum notice period for starting the switching process that does not exceed two months.
  • Include a mandatory maximum transitional period of 30 calendar days after notice, unless the provider notifies technical unfeasibility within 14 working days and states an alternative period not exceeding seven months.
  • Maintain service continuity and a high level of security during transfer and during the retrieval period.
  • Allow the customer to extend the transitional period once for a period the customer considers more appropriate.
  • Include at least 30 calendar days for data retrieval after the transitional period ends, followed by erasure of exportable data and digital assets generated directly by, or relating directly to, the customer when the switch has completed successfully.
  • List in the contract the provider webpages that disclose the infrastructure jurisdiction and measures used to address conflicting third-country governmental access to non-personal data.
Section 3

Define exportable data, digital assets, formats, and exclusions

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.

  • For each export category, record whether it is customer input data, output data, metadata, a digital asset, configuration material, or another service-specific artifact.
  • Record the export method, file or API format, schema or data structure, validation step, known limitation, and destination dependency.
  • Identify provider-internal exclusions separately and state the trade-secret or security reason without using those exclusions to slow the switch.
  • Keep a dated copy or evidence snapshot of the provider's online register used for the customer switch.
Section 4

Control switching charges and egress-cost treatment

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.

  • Keep standard service fees, early termination penalties, switching charges, and in-parallel egress charges in separate fields.
  • For any reduced switching charge before 12 January 2027, document the directly linked cost basis and customer-facing disclosure.
  • For in-parallel use, Article 34 allows data egress charges only to pass on incurred egress costs, without exceeding those costs. This rule is separate from the Article 29 switching-charge phase-out.
  • Publish or otherwise make easily accessible the required charge and complex-switching information where Article 29 applies.
Section 5

Match technical support to the service type

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.

  • Classify whether the service is limited to infrastructure resources under Article 30(1) or falls under the open-interface route in Article 30(2)-(5).
  • For infrastructure services, record 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.
  • Respect Article 30 limits: providers need not develop new technology, disclose protected intellectual property or trade secrets, or compromise service security and integrity.
Section 6

Use voluntary cloud clauses as drafting support, not as binding law

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.

  • Use the SCC Switching & Exit clauses to check that switching assistance, customer route, export scope, continuity, and exit steps are covered.
  • Use the SCC Termination clauses to align the termination moment with successful switching or erasure after the maximum notice period.
  • Use the SCC Security & Business Continuity clauses to connect switching support with incident notification, continuity risk, and security during transfer and retrieval.
  • Mark every model clause as voluntary and verify the final wording against Articles 23 to 31 and 34 before relying on it.
Section 7

Keep a switching evidence pack for provider and customer review

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.

  • Scope evidence: service type, source provider, customer, destination provider or on-premises target, selected route, Article 31 exclusion analysis if relevant, and in-parallel-use flag if relevant.
  • Contract evidence: signed switching terms, pre-signing availability, notice date, transition period, retrieval period, erasure clause, assistance clause, fee terms, and customer extension if used.
  • Export evidence: exportable data and digital asset inventory, online register snapshot, formats, interfaces, restrictions, exclusions, transfer logs, and customer validation result.
  • Operational evidence: support contacts, assistance delivered, continuity-risk notices, security controls, destination-provider cooperation, incident notes, and closure confirmation.
  • Fee evidence: standard fees, early termination penalties, reduced switching-charge calculation if used, public or customer-facing disclosures, and egress-cost basis for in-parallel use.
  • Cooperation evidence: source-provider, customer, and destination-provider actions showing good-faith coordination, timely transfer, and maintained service continuity under Article 27.
Recommended next step

Review your Data Act switching file

Use the switching file to align contracts, export documentation, fee disclosures, interface support, and closure evidence before a customer exit or in-parallel-use request reaches escalation.

Primary sources

References and citations

digital-strategy.ec.europa.eu
Referenced sections
  • Commission overview confirms the transition period for switching charges and the later removal of switching charges, including data egress for switching.
eur-lex.europa.eu
Referenced sections
  • Articles 23-31 and 34-35 support the evidence categories for obstacle removal, contract content, information duties, good-faith cooperation, charges, technical support, interoperability, retrieval, and erasure.
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