The EU Data Act’s Switching Framework – A Practical Overview

What You Need to Know

The EU Data Act (Regulation (EU) 2023/2854) introduces a comprehensive regime governing switching between data processing services, including cloud and edge computing services.

The Act aims to eliminate vendor lock-in and enable customers to switch providers, use multiple providers simultaneously, or migrate to on-premises infrastructure, with minimal obstacles and reduced costs. The regime applies across Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS) delivery models, requiring providers to review and adapt their service contracts, pricing structures, and technical capabilities.

Scope: Data Processing Services

The switching provisions apply to providers of data processing services. These are digital services enabling ubiquitous and on-demand network access to a shared pool of configurable, scalable and elastic computing resources that can be rapidly provisioned and released with minimal management effort.