Policy Briefing — EU Data Act cloud switching obligations demand proof of readiness
By mid-May 2025, providers of data processing services should have contracts, tooling, and evidence aligned to Chapter VI of the EU Data Act before switching obligations apply on 12 September 2025.
Executive briefing: Chapter VI of the EU Data Act applies from 12 September 2025, requiring cloud and edge service providers to enable switching without undue delay or charges. Programmes must complete contract remediation, technical export tooling, and interoperability testing well before that date to avoid unfair practice findings by national authorities.
Policy requirements
- Contract clauses. Articles 23 and 24 mandate removal of switching fees, provide caps on transitional compensation, and outlaw technical restrictions that hinder exit.
- Interoperability standards. Article 25 requires providers to support open interfaces and cooperate with European Standardisation Organisations on switching specifications.
- Functional equivalence. Article 26 obliges providers to maintain service quality during migration and provide assistance proportionate to the complexity of the transfer.
Program actions
- Contract remediation. Update EU customer agreements to reflect zero-cost switching, specifying any allowable compensation formula and dispute process.
- Exit playbooks. Document runbooks covering authentication, data export formats, workload portability, and verification of deletion or transfer completion.
- Supervisory engagement. Prepare evidence dossiers showing test migrations, customer communications, and governance sign-offs for upcoming inquiries by national competent authorities.