What does the Data Act cover here?
The Data Act has applied since 12 September 2025. It addresses both connected-product data and switching between data processing services. This article covers only the latter. Read the European Commission announcement.
The rules do not make cloud services identical. For SaaS and PaaS, the Commission describes open interfaces and export in a commonly used, machine-readable format. Functional equivalence for shared features has a different role for infrastructure services. Establish which requirements and exceptions apply to the specific service. See the explanation by service type.
What work must remain possible?
Start with the work that must continue after switching, rather than a file format. Must staff find old requests, open attachments or see who approved an action? Identify the information required and what the destination system can actually process.
Then inventory data, attachments, relationships and settings. For each item, determine exportability, access rights and how to check the result. Do not assume a right to every derived dataset or the provider’s software. Export rights do not override privacy, confidentiality or other parties’ rights.
On a narrow screen, scroll the table sideways. With a keyboard, focus the table and use the arrow keys.
| Stage | Automation can support | A person decides |
|---|---|---|
| Inventory | Collect available objects and export options. | What information is needed and permitted. |
| Transfer | Retrieve and deliver an agreed export through a controlled process. | Who receives access and when switching can take place. |
| Reconciliation | Flag counts, references and missing files. | Whether content and meaning are preserved. |
| Go-live | Track outstanding differences and test results. | Release, rollback and retirement of the old environment. |
Fictional example: transferring service cases
A fictional business wants to move service cases to another application. The trial export contains all cases, but some attachments are missing and one status has a different meaning in the destination. A count-only check would miss both problems.
The transfer process reports these differences. A person checks a small representative selection: a closed case, a reopened case and a restricted case with attachments. The team then determines the necessary conversion. The old environment is not deleted while acceptance or recovery needs remain unclear.
Make retries safe
Give each transfer a recognisable reference and retain the submitted version. If the destination provides no clear response, investigate what it has already processed. Resending an entire file automatically can create duplicate cases. Make processing traceable by record or batch, as appropriate to the system.
A checksum is a file verification value that can help establish whether transferred bytes match. It does not prove the destination interprets the contents correctly. Combine technical checks with a functional user trial.
Switching still requires effort and expenditure
Article 29 of the Data Act removes switching charges for the relevant providers from 12 January 2027. This does not make a whole migration free. Assess new configuration, internal checking, training and other contractual costs separately. Read the switching-charge provision.
Bird & Bird discusses why contracts, technical preparation and continuity need to be considered together. Check the current agreement and applicable exceptions before termination. Do not treat a proposed legislative change as an exemption already in force.
Frequently asked questions
Is MFT mandatory for cloud switching?
No. An existing export and controlled import may be sufficient. Managed File Transfer becomes worth examining when scheduling, multiple parties, repetition or recovery require additional management.
Do we need AI?
Not for fixed field mappings, counts or technical status. AI might suggest interpretations, but it must not independently decide that meaning or access rights have been preserved.
Where should we start?
With a bounded export trial and acceptance criteria. Check the distinction between sent and processed before planning the entire transition.
Discuss a concrete process?
Want to explore simpler ways to collect, check or transfer information? Describe one process and the systems you already use. A new tool is not always necessary. Introductory conversations are free and without obligation. Further advice and implementation are agreed separately through Korper, including scope and costs.