---
title: "Recital 87 Data Act"
canonical: "https://dposchool.com/data-act/recital/87"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#rct_87"
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: "2026-10-30"
language: "en"
publisher: "DPO School"
---

Recitals

# Recital 87 Data Act

Official Journal text of 22 December 2023. Retrieved 30 October 2026.

## Official text

Data processing services are used across sectors and vary in complexity and service type. This is an important consideration with regard to the porting process and timeframes. Nonetheless, an extension of the transitional period on the grounds of technical unfeasibility to allow the finalisation of the switching process in the given timeframe should be invoked only in duly justified cases. The burden of proof in that regard should fall fully on the provider of the data processing service concerned. This is without prejudice to the exclusive right of the customer to extend the transitional period once for a period that the customer considers to be more appropriate for its own purposes. The customer may evoke that right to an extension prior to or during the transitional period, taking into account that the contract remains applicable during the transitional period.

## 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

[Recital 87 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#rct_87)

Official Journal text of 22 December 2023. Retrieved 30 October 2026.

This is reference material, not legal advice.

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