Managing SaaS Contracts Under The EU Data Act

The EU Data Act (Regulation 2023/2854), in force from 12 September 2025, changes how SaaS vendors must write their customer contracts. In particular, the Act grants business customers new rights to access, port and migrate their data and to switch providers with short notice. For B2B SaaS vendors, this means significant new obligations around data portability and fair contract terms.

Key Obligations for SaaS Providers

In broad terms, the Data Act is designed to remove lock‑in and promote data portability. For SaaS vendors, the principal obligations concern switching rights, data portability, transparency and fair contract terms.

• Switching and portability. You must enable customers to move their data (and where feasible, applications or configurations) from your service to another provider or to an on-premises system. Contracts must allow customers to cancel the service on two months' notice at most, after which the customer and any approved third parties