--- title: "Art. 25 Data Act: Contractual terms concerning switching" canonical: "https://dposchool.com/data-act/article/25" source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#art_25" 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. 25 Data Act · Chapter VI: SWITCHING BETWEEN DATA PROCESSING SERVICES # Article 25 Data Act: Contractual terms concerning switching Official Journal text of 22 December 2023, as corrected (OJ L, 2024/90790, 9.12.2024). Retrieved 30 October 2026. ## Official text ### Article 25(1) **1.** The rights of the customer and the obligations of the provider of data processing services in relation to switching between providers of such services or, where applicable, to an on-premises ICT infrastructure shall be clearly set out in a written contract. The provider of data processing services shall make that contract available to the customer prior to signing the contract in a way that allows the customer to store and reproduce the contract. ### Article 25(2) **2.** Without prejudice to Directive (EU) 2019/770, the contract referred to in paragraph 1 of this Article shall include at least the following: #### Article 25(2)(a) **(a)** clauses allowing the customer, upon request, to switch to a data processing service offered by a different provider of data processing services or to port all exportable data and digital assets to an on-premises ICT infrastructure, without undue delay and in any event not after the mandatory maximum transitional period of 30 calendar days, to be initiated after the maximum notice period referred to in point (d), during which the service contract remains applicable and during which the provider of data processing services shall: ##### Article 25(2)(a)(i) **(i)** provide reasonable assistance to the customer and third parties authorised by the customer in the switching process; ##### Article 25(2)(a)(ii) **(ii)** act with due care to maintain business continuity, and continue the provision of the functions or services under the contract; ##### Article 25(2)(a)(iii) **(iii)** provide clear information concerning known risks to continuity in the provision of the functions or services on the part of the source provider of data processing services; ##### Article 25(2)(a)(iv) **(iv)** ensure that a high level of security is maintained throughout the switching process, in particular the security of the data during their transfer and the continued security of the data during the retrieval period specified in point (g), in accordance with applicable Union or national law; #### Article 25(2)(b) **(b)** an obligation of the provider of data processing services to support the customer’s exit strategy relevant to the contracted services, including by providing all relevant information; #### Article 25(2)(c) **(c)** a clause specifying that the contract shall be considered to be terminated and the customer shall be notified of the termination, in one of the following cases: ##### Article 25(2)(c)(i) **(i)** where applicable, upon the successful completion of the switching process; ##### Article 25(2)(c)(ii) **(ii)** at the end of the maximum notice period referred to in paragraph (d), where the customer does not wish to switch but to erase its exportable data and digital assets upon service termination; #### Article 25(2)(d) **(d)** a maximum notice period for initiation of the switching process, which shall not exceed two months; #### Article 25(2)(e) **(e)** an exhaustive specification of all categories of data and digital assets that can be ported during the switching process, including, at a minimum, all exportable data; #### Article 25(2)(f) **(f)** an exhaustive specification of categories of data specific to the internal functioning of the provider’s data processing service that are to be exempted from the exportable data under point (e) of this paragraph where a risk of breach of trade secrets of the provider exists, provided that such exemptions do not impede or delay the switching process provided for in Article 23; #### Article 25(2)(g) **(g)** a minimum period for data retrieval of at least 30 calendar days, starting after the termination of the transitional period that was agreed between the customer and the provider of data processing services, in accordance with point (a) of this paragraph and paragraph 4; #### Article 25(2)(h) **(h)** a clause guaranteeing full erasure of all exportable data and digital assets generated directly by the customer, or relating to the customer directly, after the expiry of the retrieval period referred to in point (g) or after the expiry of an alternative agreed period at a date later than the date of expiry of the retrieval period referred to in point (g), provided that the switching process has been completed successfully; #### Article 25(2)(i) **(i)** switching charges, that may be imposed by providers of data processing services in accordance with Article 29. ### Article 25(3) **3.** The contract referred to in paragraph 1 shall include clauses providing that the customer may notify the provider of data processing services of its decision to perform one or more of the following actions upon termination of the maximum notice period referred to in paragraph 2, point (d): #### Article 25(3)(a) **(a)** switch to a different provider of data processing services, in which case the customer shall provide the necessary details of that provider; #### Article 25(3)(b) **(b)** switch to an on-premises ICT infrastructure; #### Article 25(3)(c) **(c)** erase its exportable data and digital assets. ### Article 25(4) **4.** Where the mandatory maximum transitional period as provided for in paragraph 2, point (a) is technically unfeasible, the provider of data processing services shall notify the customer within 14 working days of the making of the switching request, and shall duly justify the technical unfeasibility and indicate an alternative transitional period, which shall not exceed seven months. In accordance with paragraph 1, service continuity shall be ensured throughout the alternative transitional period. ### Article 25(5) **5.** Without prejudice to paragraph 4, the contract referred to in paragraph 1 shall include clauses providing the customer with the right to extend the transitional period once for a period that the customer considers more appropriate for its own purposes. ## 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 25 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#art_25) 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 25 Previous: [Art. 24 Data Act: Scope of the technical obligations](https://dposchool.com/data-act/article/24) Next: [Art. 26 Data Act: Information obligation of providers of data processing services](https://dposchool.com/data-act/article/26) ## 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