October 8, 2025

EU Data Act: Field Guide for Legal, IT & Operations and Precisely’s Alignment

Oscar Klink

Key Dates for EU Data Act

11 January 2024: Regulation entered into force.
12 September 2025: Main obligations are now applicable: switching rights, interoperability, transparency.
12 January 2027: Switching and egress fees prohibited (except pre-agreed termination penalties).

Why This Matters

The EU Data Act is now fully in effect. It strengthens customer rights to:

Switch between cloud services within defined timelines
Obtain clear and usable data exports to ensure business continuity
Expect balanced B2B data contract terms
Be protected against unlawful access to EU-held non-personal data by non-EU authorities

Core Obligations Relevant for CLM and SaaS

1. Switching and Portability

Notice period: Customers may terminate with a maximum of two months’ notice (Article 23).
Execution window: Providers must complete the switch within 30 days, with extensions allowed only for valid technical reasons (Article 24).
Scope: Portability includes not only customer data but also configurations, metadata, and digital assets needed for continuity (Article 28).
Fees: As of today, only direct cost-based charges are permitted. From 12 January 2027, switching fees must be eliminated entirely (Article 29).

Example:
The good news is that it becomes easier to join Precisely if you are using another platform today. You can require a complete export of contracts, templates, and workflows, support to map data from your old system, and a transparent cost breakdown limited to actual switching costs.

2. Fair B2B Data Terms

Standard contract terms must be balanced and proportionate, ensuring that risk and liability are not placed solely on the customer (Articles 34–38).

Example:
Review MSAs to confirm that indemnities, SLAs, and remedies are reciprocal where appropriate, and that termination rights are commercially reasonable.

3. International Access Safeguards (Non-Personal Data)

Providers must assess, document, and where appropriate challenge third-country government requests for access to non-personal data (Article 32).

Example:
When a non-EU authority requests access to system logs stored in the EU, the provider must check legality and proportionality, challenge unlawful requests, and inform the customer where legally permitted.

4. Interoperability Requirements

Providers must document schemas and interfaces and support migration so that operations remain functional after a switch (Article 28).

Example:
During a migration, your provider should supply the schema for your metadata, assist in mapping to the destination system, and allow a short post-termination access window to retrieve any remaining data.

Immediate Actions for Legal, IT & Ops

Function	Key Actions	Example
Legal	Review MSAs, SaaS and cloud agreements to ensure compliance with switching rights and notice requirements (Art. 23), execution timelines (Art. 24), definitions of portable data (Art. 28), and fee clauses (Art. 29).	Verify that switching clauses meet the notice and execution requirements and that early termination penalties are clearly separated from switching fees.
IT / Platform	Validate the ability to export all relevant data and configurations as required under Art. 28 and confirm that interface documentation is available.	Conduct a test export through the API and verify that metadata and audit trails are included.
Ops / Governance	Establish a formal “switch playbook” and a process for handling third-country government requests, in line with Art. 32.	Define internal roles, logging requirements, and escalation steps for legal review to ensure auditability.
Sales / Customer Communication	Actively communicate switching support and portability rights to customers, referring to the rights under Art. 23–29.	Offer a pilot export during renewal negotiations to demonstrate compliance and portability.

Precisely’s Compliance Alignment

Theme	What This Means	Precisely Today
Switching & Portability	Customers must be able to leave the platform on clear timelines, with contractual and technical barriers removed. All switching fees must be eliminated by January 2027 (Article 29).	We use an export-first design. Customers have access to API-based self-service exports for documents, templates, metadata, and reminders. For audit trails, we provide free, support-assisted exports. We also rely on neutral e-signature and email integrations, which means customers are not locked into proprietary tools and can continue using their preferred providers during and after migration.
Interoperability	Providers must ensure that data and digital assets can be migrated and that operations continue to function after a switch (Article 28).	We provide data schemas and interface documentation on request. Our specialists assist with data mapping to destination systems and enable parallel testing to verify functional continuity before a full cut-over.
Fair B2B Terms	Responsibilities, liabilities, and remedies must be balanced and commercially reasonable (Articles 34–38).	Our MSAs and SLAs are designed with mutual obligations and balanced remedies. We provide transparent service documentation under NDA to support procurement and risk assessment.
International Access Safeguards	Providers must assess and document all third-country government requests for access to non-personal data, challenge unlawful requests, and inform customers where legally permitted (Article 32).	We follow a formal legal playbook that includes legality and proportionality checks, steps for challenging unlawful requests, and customer notification where the law allows. We process data in the EU by default and offer “bring your own key” options for additional control.
Dispute Resolution	Providers must be prepared to engage with certified alternative dispute resolution (ADR) bodies to offer faster, lower-cost resolution outside of court (Article 31).	ADR readiness is a priority for us. We are preparing to participate in ADR processes where applicable and will review outcomes carefully to ensure they are addressed. Relevant learnings will be incorporated into our contract templates and internal processes.

Summary

The EU Data Act is now a live compliance obligation. For Legal, IT, and Operations teams, this means:

Enforce switching rights and portability in current contracts
Ensure data schemas and migration support are available
Operate a documented process for third-country access requests
Maintain balanced and defensible B2B contract terms

Precisely is already aligned with these obligations, providing export options, schema documentation, and governance processes so you can stay compliant and maintain operational continuity.

Get Access to our EU Data Act Readiness Plan (complete with contract checklists)

Get access to our full EU Data Act Readiness Plan with contract checklists, technical validation steps, and governance guidance so your Legal, IT, and Ops teams can act with confidence.

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