Yes. Since 12 September 2025, the EU Data Act has applied, requiring providers of data processing services, including SaaS, to enable a customer to switch to another provider and to port its exportable data. The contract must provide for a notice period for initiating the switch of no more than two months, a transitional period of no more than 30 days, and a data retrieval period of at least 30 days. From 12 January 2027 you may no longer charge any fees for switching, unless the service is a custom-built one under Article 31.
A customer cancels its subscription and announces that it is moving to a competitor. It wants a complete export of its data in a usable format, help with the migration and the service running without interruption until the new one goes live. Until recently this was a matter of goodwill and of the terms and conditions. Since 12 September 2025, however, Regulation (EU) 2023/2854 on data, known as the Data Act, has applied, and its chapter on switching between providers of data processing services also affects SaaS.
The Data Act covers software as a service too
The Regulation treats as a data processing service a digital service which provides the customer with network access to shared, configurable and scalable computing resources (Article 2(8)). Recital 81 states expressly that this covers the infrastructure, platform and software as a service models. It formulates the basic obligation as follows:
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 an on-premises ICT infrastructure, or, where relevant, to use several providers of data processing services at the same time.
A provider may not create commercial, technical or contractual obstacles preventing a customer from terminating the contract, concluding a new one with another provider, or porting its exportable data and digital assets.
What the contract must contain
The customer’s rights on switching must be set out in a written contract, provided to the customer before signature in a way which allows it to store the contract (Article 25(1)). The contract must in particular contain:
- a notice period for initiating the switch, which may not exceed two months,
- a transitional period of no more than 30 calendar days, during which the service continues to run and the provider gives reasonable assistance and maintains the security of the data,
- a detailed description of the categories of data and digital assets which can be ported, and of those excluded because of the risk of breaching your trade secrets,
- a data retrieval period of at least 30 calendar days after the end of the transitional period, followed by complete erasure of the data,
- the switching charges and the obligation to support the customer’s exit strategy.
If the transitional period cannot be met for technical reasons, you must notify the customer within 14 working days of the request, give reasons and specify an alternative period of no more than seven months (Article 25(4)). The customer is also entitled to extend the transitional period once (Article 25(5)).
Charges and exemptions
Until 12 January 2027 you may charge only reduced switching charges, not exceeding the costs directly connected with the switch, and from that date none at all (Article 29(1) to (3)). You must inform the customer of standard charges and early termination penalties before the contract is concluded (Article 29(4)). For a service the majority of whose main features have been custom-built for a specific customer, or all of whose components have been developed for that customer, and which you do not offer at broad commercial scale through your service catalogue, certain obligations, including the ban on charges, do not apply (Article 31(1)). Only a service provided as a non-production version for testing and evaluation purposes and for a limited period is excluded from the chapter altogether (Article 31(2)). Before concluding the contract, you must inform the customer of the obligations that do not apply to such services (Article 31(3)).
For the chapter on switching, the Regulation contains no special transitional rule for older contracts of the kind it has for the chapter on unfair contractual terms (Article 50). We therefore recommend bringing existing terms into line regardless of when the customer ordered the service.
Personal data in the hands of a processor
If your service processes personal data of the customer’s own clients, the GDPR applies alongside the Data Act. The processor contract must provide that, after the end of the services, you will delete or return the data at the controller’s choice and delete existing copies (Article 28(3)(g) of Regulation 2016/679). The exit provisions in the terms and conditions and in the data processing agreement must therefore say the same thing.
How to proceed
Review your terms and conditions to see whether they contain a notice period, a transitional period, a list of exportable data and an export format, and align your price list with the rules on charges. We adjust terms, SLAs and the data processing agreement under our SaaS contract and terms service, and personal data and sub-processors under GDPR and personal data protection. What a customer may claim where the service does not run as promised during the term of the contract is discussed in the question on SLA credits and damages.
This answer provides general information on the law as at 12 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
