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DA.099 Obligation to remove obstacles to switching


Art. 23 Data Act (COM Proposal)


"1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:


(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service;


(b) concluding new contractual agreements with a different provider of data processing services covering the same service type;


(c) porting its data, applications and other digital assets to another provider of data processing services;


(d) maintaining functional equivalence of the service in the IT-environment of the different provider or providers of data processing services covering the same service type, in accordance with Article 26.


2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements or commercial practices provided by the original provider."

Winfried Veil
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Last update: 2022-03-21 07:30:54
By: Winfried Veil
Created at: 2022-03-02 13:13:35