The Data Act applies: cloud providers must make switching easier

2025-09-12 · Publisher : Union européenne · Domain : Cloud & DevOps

The Data Act becomes applicable on 12 September 2025. Cloud and edge providers must allow switching and multicloud; exit fees will be banned from 12 January 2027.

### Background On 12 September 2025, Regulation (EU) 2023/2854, the **Data Act**, becomes applicable. For cloud, its Chapter VI requires providers of data processing services (cloud and edge) to remove commercial, technical, contractual and organizational obstacles to switching provider and to multicloud, for IaaS as well as PaaS and SaaS. ### Key facts - Notice of two months at most and a 30-day transition period; data must be retrievable for at least 30 days after the end of the service. - Until 12 January 2027, only costs directly linked to the migration may be charged; from that date, no switching or egress charges at all. - Transfer fees for parallel multicloud use remain possible: they belong to ongoing operations, not to a migration. - Contracts must detail switching rights. - Chapter VII protects non-personal data stored in the EU against unlawful access by foreign governments; the Commission published FAQs, model contractual terms and a legal helpdesk. ### Why it matters This is the most direct European measure against cloud lock-in. For a CIO, it opens negotiating levers on exit clauses and transfer pricing, but it does not solve dependence on proprietary APIs and formats, which remains an architecture question. IT services firms can use it to sell reversibility audits and multicloud strategies. ### Takeaway Since 12 September 2025, switching cloud provider is a legally framed right, with fully free switching announced for January 2027.

Tags : Réglementation, Europe, Multi-cloud, Cloud, Données