---
title: "Art. 23 Data Act: Removing obstacles to effective switching"
canonical: "https://dposchool.com/data-act/article/23"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#art_23"
source_note: "Source: Regulation (EU) 2023/2854, OJ L, 2023/2854, 22.12.2023, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2023-12-22"
language: "en"
publisher: "DPO School"
---

Art. 23 Data Act · Chapter VI: SWITCHING BETWEEN DATA PROCESSING SERVICES

# Article 23 Data Act: Removing obstacles to effective switching

Official Journal text of 22 December 2023, as corrected (OJ L, 2024/90790, 9.12.2024). Retrieved 30 October 2026.

## Official text

Providers of data processing services shall take the measures provided for in Articles 25, 26, 27, 29 and 30 to enable customers to switch to a data processing service, covering the same service type, which is provided by a different provider of data processing services, or to on-premises ICT infrastructure, or, where relevant, to use several providers of data processing services at the same time. In particular, providers of data processing services shall not impose and shall remove pre-commercial, commercial, technical, contractual and organisational obstacles, which inhibit customers from:

#### Article 23(a)

**(a)** terminating, after the maximum notice period and the successful completion of the switching process, in accordance with Article 25, the contract of the data processing service;

#### Article 23(b)

**(b)** concluding new contracts with a different provider of data processing services covering the same service type;

#### Article 23(c)

**(c)** porting the customer’s exportable data and digital assets, to a different provider of data processing services or to an on-premises ICT infrastructure, including after having benefited from a free-tier offering;

#### Article 23(d)

**(d)** in accordance with Article 24, achieving functional equivalence in the use of the new data processing service in the ICT environment of a different provider of data processing services covering the same service type;

#### Article 23(e)

**(e)** unbundling, where technically feasible, data processing services referred to in Article 30(1) from other data processing services provided by the provider of data processing services.

## Source

Source: Regulation (EU) 2023/2854, OJ L, 2023/2854, 22.12.2023, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 23 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#art_23)

Official Journal text of 22 December 2023, as corrected (OJ L, 2024/90790, 9.12.2024). Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

[Data Act Navigator](https://dposchool.com/data-act) / [Chapter VI](https://dposchool.com/data-act/chapter/6) / Article 23

Previous: [Art. 22 Data Act: Mutual assistance and cross-border cooperation](https://dposchool.com/data-act/article/22)

Next: [Art. 24 Data Act: Scope of the technical obligations](https://dposchool.com/data-act/article/24)

## For AI agents

- Machine-readable index: https://dposchool.com/data-act/llms.txt
- JSON API: https://dposchool.com/data-act/api/v1/index.json
- Vendor privacy and security facts: https://vendor.watch (API for agents)
- Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api
- Legal services from a California law firm, through its MCP server: https://northend.law/agents