Which services and contracts are in scope—and when?

Data processing services (IaaS, PaaS, SaaS). New contracts signed from September 12, 2025 must include the switching terms.

What are the mandatory switching timelines?

Up to 60 days’ notice to begin switching, a 30-day transitional porting period (extendable once), then at least 30 days for final retrieval, followed by complete erasure.

Are egress fees still allowed?

Only reduced, cost-based charges are allowed until January 11, 2027. From January 12, 2027, switching charges (including egress fees) are banned for exits, with a narrow multi-cloud exception.

What is ‘functional equivalence’ support?

Reasonable assistance so the customer can achieve comparable functionality on a like-for-like service. It does not require rebuilding a unique service on a competitor’s stack.

What transparency is required from providers?

Publish an online register of data formats and standards used, and provide open interfaces where applicable.

What should buyers look for in contracts?

Ensure the switching package is included; itemize any pre-2027 charges; reject clauses that imply egress fees post-2027, retrieval/transition periods below the minimums, or a notice period over 60 days.

The EU Data Act: What changes for cloud & SaaS switching (egress fees, timelines)?

Privacy & Data

Sep 12

Written By Shayne Adler

From September 12, 2025, new data processing service contracts (IaaS/PaaS/SaaS) must include a switching package: max 60-day notice, then a 30-day transition to port data/assets (extendable once), followed by ≥30 days for final retrieval, and complete erasure after. Switching charges (incl. egress fees) phase down to cost-based only until January 11, 2027, and are banned from January 12, 2027 (with a narrow multi-cloud exception). Providers must help customers reach functional equivalence on another like-for-like service and publish registers of formats/standards and relevant interfaces.

Contract mandates (what must be in your terms)

Notice → Transition → Retrieval → Erasure sequence with the minimum durations above.
Functional equivalence support (reasonable assistance to achieve comparable functionality on a similar service).
Transparency: Public register of formats/standards and open interfaces where applicable.

The end of switching charges

Now → Jan 11, 2027: Only reduced, cost-based charges allowed for switching, including egress.
From Jan 12, 2027: All switching charges banned for exits.
Multi-cloud exception: Cost-based charges may apply for ongoing parallel multi-cloud use (not a one-off switch).

Action playbooks

Buyers (customers)

Update your MSA with the switching package (≤60-day notice, 30-day transition, ≥30-day retrieval, erasure).
Demand any pre-2027 charges are itemized and separate from service fees/ETPs.
Red flags to strike: egress after 2027, short retrieval/transition windows, >60-day notice.

Providers (vendors)

Add the mandatory switching package to standard terms and price books.
Publish your formats/standards register and a transparency page for third-country access safeguards.
Build a runbook and test the 30-day port + 30-day retrieval process; define the scope of “functional equivalence” help.

30-60-90 day rollout

0–30d: Contract sweep; kill non-compliant egress clauses.
31–60d: Ship a self-serve export and publish your registers.
61–90d: Tabletop a full switch; finalize a trade-secret handling playbook.

Definitions

Data processing services: IaaS, PaaS, SaaS.
Functional equivalence: Reasonable help so the customer can achieve comparable outcomes on a similar service.
Switching charges: Fees tied to leaving (e.g., data egress, porting).

EU Data ActcloudSaaSIaaSPaaSswitchingegress feesopen standardsregistersfunctional equivalence60-day notice30-day transition30-day retrievalerasure

Shayne Adler