Cloud Switching

Cloud switching is the right to change cloud provider without unreasonable barriers. The Data Act removes the technical and contractual locks that have historically made it costly and cumbersome to move data and services between cloud providers.

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What is cloud switching?

Cloud switching covers the process of moving your data, applications and services from one cloud provider to another. Under the Data Act, you as a customer gain a statutory right to carry out this switch without encountering unreasonable technical or economic barriers.

Many organisations today experience vendor lock-in: they are tied to a single cloud provider because switching is too expensive or technically impossible. The Data Act addresses this problem directly by requiring cloud providers to support migration and interoperability.

The rules apply to all types of cloud services: IaaS (Infrastructure as a Service), PaaS (Platform as a Service) and SaaS (Software as a Service). Regardless of which type of cloud solution you use, your provider must make it possible for you to switch.

Abolition of switching fees

One of the most concrete measures in the Data Act is the gradual abolition of switching fees. The rules are introduced in phases:

Transitional period: Cloud providers must gradually reduce switching fees and make them transparent for customers.
From 2027: Cloud providers may no longer charge fees for the switch itself. They may still charge for the actual technical costs of data migration.
Transparency: All costs associated with a cloud switch must be clearly disclosed before you enter into an agreement with a cloud provider.

The purpose is to create genuine competition in the cloud market. When switching is easy, providers compete on quality and price rather than on lock-in mechanisms.

Functional equivalence and interoperability

Cloud switching is not only about moving data. It is about ensuring that your services function with the new provider. The Data Act introduces the concept of functional equivalence: your new cloud solution must be able to deliver the same functionality as the old one.

To achieve this, the Data Act requires cloud providers to:

Use open standards and interfaces where possible
Provide APIs that support data portability
Document their services so that migration can be planned and executed
Deliver data in structured, machine-readable formats

Interoperability between cloud services is a prerequisite for cloud switching to work in practice. Without common standards and open interfaces, migration becomes a technical nightmare regardless of what the legislation says.

GDPR and security during cloud switching

If your cloud data contain personal data, you must ensure that the switch complies with GDPR. In concrete terms, this means:

You must enter into a new data processing agreement with the new cloud provider
The old provider must delete your data after migration, unless there are legal retention requirements
The transfer must take place with appropriate technical and organisational measures
Encryption during transport and at rest is essential

Your DPO should be involved early in the process. A cloud switch may require an updated impact assessment if the new processing conditions differ significantly from the old ones.

Security during the migration itself is critical. You must maintain control over who has access to data during the transfer. Strong access control and logging of all actions is a minimum requirement.

Frequently Asked Questions about Cloud Switching

What does cloud switching mean under the Data Act?

Cloud switching under the Data Act means that you have the right to move your data and applications from one cloud provider to another without unreasonable barriers. The provider must actively assist with the migration.

When will switching fees be abolished?

The Data Act introduces a transitional period during which switching fees are gradually reduced. From 2027, cloud providers may no longer charge fees for the switch itself, though they may still charge for the actual costs of data migration.

What is functional equivalence in the context of cloud switching?

Functional equivalence means that cloud providers must ensure that your services and data function in the same way with the new provider. This requires the use of open standards and interoperable interfaces.

Do the cloud switching rules apply to all types of cloud services?

The rules apply to IaaS (Infrastructure as a Service), PaaS (Platform as a Service) and SaaS (Software as a Service). The requirements for functional equivalence may vary depending on the complexity of the service.

How does cloud switching relate to GDPR?

If your cloud data contain personal data, the switch must comply with GDPR. This means the new provider must have a valid data processing agreement, and the data transfer must be carried out securely with appropriate technical measures.