Data Act Article 25: Obligations, Deadlines & Penalties

The provider of data processing services shall make the written contract setting out switching rights and obligations available to the customer prior to signing in a way that allows the customer to store and reproduce it. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall include clauses allowing the customer to switch to a different provider or port data to on-premises infrastructure without undue delay and within a maximum transitional period of 30 calendar days. Regulation (EU) 2023/2854, Article 25, Article 25

During the transitional period, the provider of data processing services shall provide reasonable assistance to the customer and authorized third parties in the switching process. Regulation (EU) 2023/2854, Article 25, Article 25

During the transitional period, the provider of data processing services shall act with due care to maintain business continuity and continue the provision of functions or services under the contract. Regulation (EU) 2023/2854, Article 25, Article 25

During the transitional period, the provider of data processing services shall provide clear information concerning known risks to continuity in the provision of functions or services. Regulation (EU) 2023/2854, Article 25, Article 25

During the transitional period, the provider of data processing services shall ensure that a high level of security is maintained throughout the switching process, particularly regarding data transfer and retrieval. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall include an obligation for the provider of data processing services to support the customer’s exit strategy, including by providing all relevant information. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall specify that it is considered terminated and the customer shall be notified of the termination upon successful completion of switching or at the end of the notice period if the customer chooses to erase data. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall specify a maximum notice period for initiation of the switching process that shall not exceed two months. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall include an exhaustive specification of all categories of data and digital assets that can be ported during the switching process, including all exportable data. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall specify categories of data specific to the internal functioning of the provider’s service that are exempted from exportable data where a risk of breach of trade secrets exists, provided this does not impede switching. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall include a minimum period for data retrieval of at least 30 calendar days starting after the termination of the transitional period. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall guarantee full erasure of all exportable data and digital assets generated by or relating to the customer after the expiry of the retrieval period or an alternative agreed period. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall specify switching charges that may be imposed by providers of data processing services in accordance with Article 29. Regulation (EU) 2023/2854, Article 25, Article 25

The contract shall include clauses providing the customer with the right to notify the provider of its decision to switch to a different provider, switch to on-premises infrastructure, or erase data upon termination of the notice period. Regulation (EU) 2023/2854, Article 25, Article 25

Where the mandatory maximum transitional period is technically unfeasible, the provider shall notify the customer within 14 working days of the switching request, justify the unfeasibility, and indicate an alternative transitional period not exceeding seven months. Regulation (EU) 2023/2854, Article 25, Article 25

Where an alternative transitional period is applied due to technical unfeasibility, the provider shall ensure service continuity throughout that alternative period. Regulation (EU) 2023/2854, Article 25, Article 25