§ Data Act · Article 23
Data Act Article 23: Obligations, Deadlines & Penalties
At a glance
Article 23 of the Data Act imposes 6 obligations on provider of data processing services.
§ Obligations
All obligations under Article 23
Obligation 1
Providers of data processing services shall take the measures provided for in Articles 25, 26, 27, 29 and 30 to enable customers to switch to a different provider or on-premises infrastructure.
Regulation (EU) 2023/2854, Article 23, Article 23
- Obligated entity
-
provider of data processing services
- Action required
-
take measures
- Deadline
-
—
- Penalty
-
—
Obligation 2
Providers of data processing services shall not impose and shall remove pre-commercial, commercial, technical, contractual and organisational obstacles that inhibit customers from terminating contracts after the switching process.
Regulation (EU) 2023/2854, Article 23, Article 23
- Obligated entity
-
provider of data processing services
- Action required
-
remove obstacles
- Deadline
-
—
- Penalty
-
—
Obligation 3
Providers of data processing services shall not impose and shall remove obstacles that inhibit customers from concluding new contracts with a different provider covering the same service type.
Regulation (EU) 2023/2854, Article 23, Article 23
- Obligated entity
-
provider of data processing services
- Action required
-
remove obstacles
- Deadline
-
—
- Penalty
-
—
Obligation 4
Providers of data processing services shall not impose and shall remove obstacles that inhibit customers from porting exportable data and digital assets to a different provider or on-premises infrastructure.
Regulation (EU) 2023/2854, Article 23, Article 23
- Obligated entity
-
provider of data processing services
- Action required
-
remove obstacles
- Deadline
-
—
- Penalty
-
—
Obligation 5
Providers of data processing services shall not impose and shall remove obstacles that inhibit customers from achieving functional equivalence in the use of the new data processing service.
Regulation (EU) 2023/2854, Article 23, Article 23
- Obligated entity
-
provider of data processing services
- Action required
-
remove obstacles
- Deadline
-
—
- Penalty
-
—
Obligation 6
Providers of data processing services shall not impose and shall remove obstacles that inhibit customers from unbundling data processing services from other services, where technically feasible.
Regulation (EU) 2023/2854, Article 23, Article 23
- Obligated entity
-
provider of data processing services
- Action required
-
remove obstacles
- Deadline
-
—
- Penalty
-
—
§ Deadlines
Data Act compliance deadlines
-
2025-09-12
Data Act applies (Regulation (EU) 2023/2854)
in_force
-
2026-09-12
Data Act Art 3(1) access-by-design for connected products and related services placed on the market after 12 September 2026
in_force
-
2027-01-12
Data Act: data-processing (cloud) switching charges fully abolished (Art 29)
scheduled
-
2027-09-12
Data Act Chapter IV (unfair contractual terms) extends to long-term contracts concluded on or before 12 September 2025
scheduled
§ Frequently asked
Questions about Article 23
Who must comply with Article 23 of the Data Act?
+
provider of data processing services.
What does Article 23 of the Data Act require?
+
take measures remove obstacles