From 12 September 2025, the cloud contracting landscape in the EU will undergo a notable shift, as the EU Data Act’s cloud switching provisions (Chapter 6) take effect. These rules mark a significant regulatory intervention at the contract layer and will be directly relevant for lawyers negotiating technology contracts with an EU nexus.
At the heart of these provisions is a clear objective: remove the friction that often prevents customers from switching cloud providers. The Act introduces mandatory contractual obligations and transparency requirements designed to eliminate technical, commercial, and contractual barriers that create vendor lock-in. This includes long contract terms, steep exit fees, and data export limitations, all of which must now be carefully addressed in customer contracts.
A cornerstone of the rules is the requirement for contracts to include an exhaustive list of what data and digital assets can (and cannot) be ported. Digital assets are defined broadly and may include applications, metadata and configuration settings. Providers will also need to build in automatic termination mechanisms, data deletion assurances, and precise process steps for switching, all within defined timeframes, including minimum retrieval periods and maximum notice periods.
Alongside these, the European Commission has published voluntary standard contractual clauses (SECs) to support implementation. While not binding, they reflect the Commission’s interpretation of the requirements and may serve as a useful starting point, though some go beyond commercial norms, such as unqualified provider liability, and must be handled with care.
Taken together, these changes will require providers to revisit not only their customer contracts, but also their internal governance, data mapping, and deletion processes. For legal teams, an early review of template terms and switching protocols is advisable, particularly as the new rules apply regardless of the service delivery model.
This article is based on insights shared during our recent webinar, EU Data Act and Cloud Services: CTRL + ALT + Switch? If you would like to know more about what the Act requires or request a copy of the webinar recording, please do get in touch.
