EU Data Act switching charges and in-parallel egress
Parent: Migration and Cutover Cost (Live Migration, mongosync, Dual-Running, Egress) · Published reference · snapshot 2026-10-31
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Source-anchored research for EU Data Act switching charges and in-parallel egress. Run status: COMPLETED.
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Definitions
- Custom-built services are not wholly outside Chapter VI: Bundesnetzagentur describes only partial exemptions and continuing portability obligations. Do not treat a bespoke-service label as a blanket exemption. (low confidence) (verified as of 2026-10-30) [source]
How it works
- Standard service fees are excluded from switching charges and remain payable until the service contract ends. Therefore, overlapping operation of source and destination environments can still create service costs even when covered switching egress is free. (high confidence) [source]
- The switching rules cover typical IaaS, PaaS and SaaS models, and providers outside the EU can be covered when supplying customers in the EU; a database-as-a-service label alone does not establish an exemption. (high confidence) (verified as of 2026-10-30) [source]
Problems, failure modes and limitations
- Article 29 prohibits covered switching charges from 12 January 2027, including data egress for switching to another provider or to on-premises infrastructure. During the preceding phase-out period, reduced charges cannot exceed costs directly linked to that switch. (high confidence) [source]
- During the transitional period preceding 12 January 2027, permitted reduced switching charges cannot exceed provider costs directly linked to the switching process. (high confidence) (verified as of 2026-10-30) [source]
Facts and statements
- Article 34(2) permits data egress charges for in-parallel use of multiple providers, limited to costs incurred. This cost-recovery rule continues after 12 January 2027; the switching-charge ban does not make ongoing multicloud transfers automatically free. (high confidence) (verified as of 2026-10-30) [source]
- Proportionate early-termination penalties and additional services beyond mandatory switching assistance can remain chargeable. Extra services require the customer to request them and agree the price in advance; their cost should remain in the migration budget. (high confidence) [source]
- Article 31 exempts qualifying custom-built services not offered at broad commercial scale from Article 29; limited-period non-production testing/evaluation versions are exempt from Chapter VI. Providers must disclose applicable exemptions before contracting. (high confidence) [source]
- Chapter VI covers typical IaaS, PaaS and SaaS services. Its switching requirements apply to both existing and new contracts from 12 September 2025; a contract predating that date is not, by itself, exempt. (high confidence) [source]
- For covered data-processing services, switching charges, including switching-related data egress, must be removed from 12 January 2027; the rule is not a universal ban on every kind of cloud data transfer fee. (high confidence) (verified as of 2026-10-30) [source]
- The 2027 switching-charge prohibition has an exception for parallel-use scenarios; a budget for simultaneous use of services must establish which charging regime applies. (high confidence) (verified as of 2026-10-30) [source]
- Standard service fees and early-termination penalties are separate from switching charges. The switching-charge ban alone does not erase ordinary service bills or every contractual termination liability; enforceability of termination penalties depends on applicable law and the facts. (high confidence) (verified as of 2026-10-31) [source]
- Providers must disclose standard service fees, possible early-termination penalties and transitional reduced switching charges before contracting; these disclosures are useful inputs to an exit-cost estimate. (high confidence) (verified as of 2026-10-30) [source]
Children
- No children recorded.