Leaving a cloud or AI tool? An EU Data Act switching sheet (Article 25 notice, transition and retrieval periods; switching charges end 12 January 2027) for small businesses and their accountants
What you get: a finished cloud and AI software switching sheet in three tabs: a services tab with one row per cloud or AI tool your business pays for, a gap formula that lists what the contract is missing under Article 25 of the EU Data Act, and a result that says OK TO PLAN, ASK SUPPLIER or OUT OF SCOPE; a switch dates tab that works out the notice, transition, retrieval and reply dates from the day you send your request; and a switching request template you can paste into an email to the supplier. Four made-up example rows show how it fills in.
Short answer: since 12 September 2025 the Data Act (Regulation (EU) 2023/2854) requires providers of "data processing services", which include cloud software sold as Software as a Service (Recital 81), to set out switching rights in a written contract: a notice period that "shall not exceed two months", a transitional period of at most "30 calendar days", data retrieval of "at least 30 calendar days" afterwards, and full erasure after that (Article 25(2)(a), (d), (g) and (h)). From 12 January 2027 providers "shall not impose any switching charges" (Article 29(1)). Until then they may charge only reduced switching charges that "shall not exceed the costs incurred" and are "directly linked to the switching process" (Article 29(2) and (3)).
Why accountants and their clients should look at this now
Small businesses now run their books, chat support, meeting notes, CRM and file storage on cloud and AI tools, often on annual plans that renew in January. The Data Act was written so that customers can "switch from one data processing service to another while maintaining a minimum functionality of service and without downtime", and it says that "customers benefiting from free-tier offerings should also benefit" (Recital 78). Article 23 bans "pre-commercial, commercial, technical, contractual and organisational obstacles" that stop a customer from terminating, signing with a new provider or "porting the customer's exportable data and digital assets ... including after having benefited from a free-tier offering" (Article 23(a) to (c)).
Two dates matter for advice given this quarter. First, switching charges, including "data egress charges" (Article 2(35) and (36)), must fall to zero on 12 January 2027. A client planning to leave a tool early next year may save money by timing the switch, and an invoice line for "migration" or "egress" dated after that day deserves a question. Second, Article 50 says the Regulation "shall apply from 12 September 2025"; its later dates for older contracts (12 September 2027) are written for Chapter IV on unfair contractual terms, not for the switching chapter (Chapter VI).
What the Data Act does not do: it does not cover a tool that is not a "data processing service" as defined in Article 2(8) ("ubiquitous and on-demand network access to a shared pool of configurable, scalable and elastic computing resources"), so check each tool. It also does not replace GDPR rights over personal data, such as data portability. And the core switching duties do not apply to "a non-production version for testing and evaluation purposes and for a limited period of time" (Article 31(2)); some duties, including the switching-charge rule, do not apply to services whose "majority of main features has been custom-built" for one customer and which are not offered at broad commercial scale (Article 31(1)).
Step 1: tab 1, services (one row per cloud or AI tool)
| Column | What to write | Source |
|---|---|---|
| A. Tool | Name of the cloud or AI tool (accounting software, chatbot, note taker, CRM, storage) | |
| B. Supplier | Legal name from the invoice | |
| C. Kind | Standard (sold from a price list to many customers), Custom-built (most main features built for you only, not sold at broad scale) or Trial (time-limited test version) | Art. 31(1) and (2) |
| D. Notice period (months) | Notice you must give before switching starts, from the contract | Art. 25(2)(d): not over 2 months |
| E. Transition period (days) | Days the supplier keeps the service running while you move. Leave blank if the contract says nothing | Art. 25(2)(a): at most 30 calendar days, unless technically unfeasible (Art. 25(4)) |
| F. Retrieval period (days) | Days you can still download data after the transition. Leave blank if not stated | Art. 25(2)(g): at least 30 calendar days |
| G. Export formats published | Yes if the supplier gives switching methods, formats and known limits, and a link to an online register of data formats, otherwise No | Art. 26(a) and (b) |
| H. Exportable data listed | Yes if the contract lists all categories of data and digital assets you can take, otherwise No | Art. 25(2)(e); Art. 2(38) |
| I. Erasure clause | Yes if the contract guarantees full erasure of your exportable data after retrieval, otherwise No | Art. 25(2)(h) |
| J. Jurisdiction page | Yes if the contract lists the supplier's web page on the jurisdiction of its infrastructure and its measures against unlawful foreign government access to non-personal data, otherwise No | Art. 28(1) and (2) |
| K. Switching charge quoted (EUR) | Any charge for leaving, export or egress, other than normal fees or early termination penalties. 0 if none | Art. 2(36); Art. 29(4) |
| L. Planned switch date | The date you expect the switching process to run | |
| M. Gaps | =TEXTJOIN("; ",TRUE,IF(N(D2)>2,"notice over 2 months",""),IF(N(E2)>30,"transition over 30 days",""),IF(AND(F2<>"",N(F2)<30),"retrieval under 30 days",""),IF(G2="No","no export formats or register",""),IF(H2="No","no full list of exportable data",""),IF(I2="No","no erasure clause",""),IF(J2="No","no jurisdiction page",""),IF(AND(C2="Standard",N(K2)>0,L2>=DATE(2027,1,12)),"switching charge on or after 12 Jan 2027",""),IF(AND(C2="Standard",N(K2)>0,L2<DATE(2027,1,12)),"ask for cost breakdown of charge","")) | Formula and wording are our working rule, not a legal test |
| N. Result | =IF(C2="Trial","OUT OF SCOPE: trial version (Art. 31(2))",IF(M2="","OK TO PLAN",IF(C2="Custom-built","ASK SUPPLIER (custom-built: some duties do not apply, Art. 31(1)): "&M2,"ASK SUPPLIER: "&M2))) | Our working rule |
Our reading of the charge rule: column L uses the date the switching process runs, because Article 29(1) speaks of charges "for the switching process" from 12 January 2027. If your switch starts before and ends after that date, ask the supplier in writing which rule it applies.
Step 2: tab 2, switch dates (from the day you send the request)
| Cell | Label | Formula | Source |
|---|---|---|---|
| B1 | Date you send the switching request | (type the date) | Art. 25(3) |
| B2 | Latest end of notice period | =EDATE(B1,2) | Art. 25(2)(d) |
| B3 | Latest end of transitional period (normal case) | =B2+30 | Art. 25(2)(a) |
| B4 | Earliest end of data retrieval period | =B3+30 | Art. 25(2)(g) |
| B5 | Supplier must say by now if 30 days is technically unfeasible | =WORKDAY(B1,14) | Art. 25(4): within 14 working days, with reasons |
| B6 | Longest alternative transitional period if unfeasible | =EDATE(B2,7) | Art. 25(4): not over seven months |
| B7 | Charge rule | =IF(B2>=DATE(2027,1,12),"No switching charges (Art. 29(1))","Reduced charges only, not above direct costs (Art. 29(2)-(3))") | Our working rule on timing, see note above |
WORKDAY counts Monday to Friday only and ignores public holidays unless you add a holiday range. You may also extend the transitional period once, for a period you choose (Article 25(5)).
Step 3: tab 3, switching request template
Article 25(3) lets the customer notify the provider that, at the end of the notice period, it will switch to a different provider, switch to its own on-premises systems, or erase its data. Paste this into an email and fill the brackets:
Subject: Switching request under Article 25 of the EU Data Act (Regulation (EU) 2023/2854), [customer name], account [number]
We give notice that, at the end of the notice period in our contract, we will [switch to [destination provider name and contact] / move to our own on-premises systems / erase our exportable data and digital assets]. Please confirm: (1) the date the notice period ends and the transitional period starts; (2) the export methods and formats available to us and the link to your online register of data formats (Article 26); (3) the full list of data and digital assets we can port (Article 25(2)(e)); (4) any switching or data egress charges and how they relate to your direct costs (Article 29(3)), or that none apply from 12 January 2027 (Article 29(1)); (5) the retrieval period after the transition and the date of full erasure (Article 25(2)(g) and (h)). If the 30-day transitional period is technically unfeasible, please tell us within 14 working days with reasons (Article 25(4)).
Four made-up example rows
| A. Tool | C. Kind | D | E | F | G | H | I | J | K | L | N. Result |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Cloud bookkeeping app | Standard | 1 | 30 | 30 | Yes | Yes | Yes | Yes | 0 | 2027-02-01 | OK TO PLAN |
| AI chatbot for the website | Standard | 3 | No | No | Yes | No | 250 | 2027-01-20 | ASK SUPPLIER: notice over 2 months; no export formats or register; no full list of exportable data; no jurisdiction page; switching charge on or after 12 Jan 2027 | ||
| AI meeting note taker | Trial | 0 | OUT OF SCOPE: trial version (Art. 31(2)) | ||||||||
| Cloud file storage | Standard | 2 | 30 | 14 | Yes | Yes | No | Yes | 90 | 2026-12-01 | ASK SUPPLIER: retrieval under 30 days; no erasure clause; ask for cost breakdown of charge |
These rows are made up for illustration and do not describe any real business, tool or supplier.
What to tell a client in one paragraph
"If you plan to leave a cloud or AI tool, check the contract against the Data Act first. The notice period cannot be longer than two months, the supplier must keep the service running for up to 30 days while you move, you get at least 30 more days to download your data, and from 12 January 2027 the supplier cannot charge you for switching. Before that date, any switching charge must be reduced and must not exceed the supplier's direct costs. Send the request in writing and keep the reply." Stay inside your professional rules and refer contract disputes to a lawyer. EUR-Lex showed the Regulation with no amending act on 28 October 2026; proposals to change it are not law until published in the Official Journal.
Keep the result next to your AI tool list
The EURO AI Register free edition runs in your browser with no account and no upload. It covers your first 10 AI systems and 10 evidence records, the screening questions, duties by role with dates, and a printable Article 4 AI-literacy record. List each AI tool once, then attach its row from this sheet and the supplier's reply as evidence records.
When you need more than 10 systems, the EURO AI Register membership starts at $19 a month and adds unlimited systems, rule updates and email help. Neither tool is legal advice or proof of compliance.
Partner programme opening soon
Partner programme opening soon: join the free waitlist. Planned terms are 50% of each referred sale (75% once you have 5+ paying customers), single level, paid through Gumroad only from revenue received.
Free start: list your AI tools in the EURO AI Register free edition, then add this sheet. Related: AI supplier contract clauses · GDPR data portability request sheet · Processor agreement clause check · International transfer check for US suppliers
Sources
- Regulation (EU) 2023/2854 (Data Act), Articles 2(8), 2(9), 2(30) to 2(38), 23 to 31, 34 and 50, Recitals 78, 81, 82, 87 and 88: EUR-Lex
Unadhi Guides are free, independent explainers. We correct errors as soon as we find them: write to mininglife7@gmail.com.