Data Act Addendum

EU Data Act Addendum (Regulation (EU) 2023/1542)

Transparent Switching, Exportable Data, and Exit Support for Our SaaS Customers

1. Definitions

• Data Processing Service: The Provider’s SaaS/cloud services as described in the Agreement.
• Switching: The Customer’s transfer from the Data Processing Service to another provider of an equivalent service or to the Customer’s own infrastructure.
• Notice Period: The period beginning when the Provider receives the Customer’s written Switching request.
• Transitional Period: The technical migration period for transferring Exportable Data and Digital Assets.

2. Switching and Termination Rights

• The Customer may request Switching at any time by written notice.
• The Agreement may be terminated with a maximum of two (2) months’ Notice Period from the Provider’s confirmation of the request.
• The Provider shall support and enable Switching without undue delay and complete the transfer within a Transitional Period of 30 days following the Notice Period.
• If technical constraints make completion within 30 days impossible, the Provider may propose a reasonable alternative timeline not exceeding seven (7) months. The Customer may agree to extend the Transitional Period once in writing.

3. Data Retrieval

The Customer may retrieve the Exportable Data and Digital Assets listed in Appendix 1 during a Retrieval Period of 30 days after the end of the Transitional Period. After the Retrieval Period, the Provider will securely delete Customer Data in accordance with the Agreement and applicable data-protection law.

4. Fees

• Until 12 January 2027, the Provider may charge reasonable, documented fees directly related to Switching, including technical support, at the rates set out in Appendix 2 or, if none are specified, at a default rate of €200 per hour.
• If Switching causes the Agreement to terminate before the end of a committed subscription term, the Provider may invoice an Early Termination Charge equal to the remaining subscription fees for the original term minus any costs the Provider will not incur because of the early termination.
• After 12 January 2027, the Provider will discontinue Switching fees except as expressly permitted by applicable EU law.

5. Customer Obligations

The Customer shall cooperate in good faith and provide all information, access, and assistance reasonably required to facilitate Switching.

6. Order of Precedence

This Addendum forms an integral part of the Agreement. If any provision of this Addendum conflicts with the Agreement, this Addendum prevails with respect to Data Act compliance.

Appendix 1 – Exportable Data & Digital Assets

Appendix 2 – Switching / Exit Assistance Fees

Valid until 12 January 2027