Abstract

The Data Act introduces new obligations for the cloud computing sector, as cloud computing services are an example of data processing services, which will have a significant impact on source providers and their customers. From 12 September 2025, providers and customers will be required to ensure that contracts (both new and existing) comply with provisions allowing customers, upon request, to switch to a different provider or migrate to an on-premises ICT infrastructure, or to erase exportable data and digital assets. In order to enable this process, the parties need to reflect the concept of their cooperation regarding the switch and adopt solutions concerning interplay with contractual provisions on contract termination. The agreement will be deemed terminated upon successful completion of the switching process, and if the customer does not wish to switch, upon the erasure of exportable data and digital assets.