EU DATA ACT

The EU Data Act or Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 was published on the Official Journal of the European Union on 13 December 2023 and applies in large parts from 12 September 2025.

The EU Data Act provides a statutory right to switch freely and at any time between providers of similar cloud services. Providers are intended to foster the switching process and are required to provide certain interoperability to third-party cloud services.

What does the EU Data Act mean for EDW?

As a designated securitisation repository under Regulation (EU) 2017/2402, EDW already complies with the data portability requirements provided therein.

The EU Data Act includes more detailed provisions with regards to EDW customers’ right to switch and port the data.

How does EDW comply with the EU Data Act?

If a customer of EDW storing data with any of EDW solutions wishes to switch Exportable Data and Digital Assets that EDW stores on its behalf to a similar cloud service, the following procedure shall be followed:

  1. The customer shall file a written request through a designated form enabled for this purpose.
  2. EDW will acknowledge the receipt of the customer’s request within 1 business day.
  3. EDW shall initiate the switching process no later than two months after having received the customer’s request (the “Notice Period”).
  4. EDW will provide the Exportable Data and Digital Assets without undue delay after the Notice Period, and no later than 30 calendar days after the end of the Notice Period (the “Transitional Period”).
  5. In case it is technically unfeasible, EDW shall notify the customer within 14 working days after receiving the switching request, and shall duly justify the technical unfeasibility and indicate an alternative Transitional Period, which shall not exceed seven months. In this case, the Transitional Period shall be prolonged accordingly. The Transitional Period can also be prolonged once for a reasonable period upon the customer’s request, but no longer than 3 months.  In that case, the customer must notify EDW in writing or in text form of its intention until the end of the original Transitional Period and indicate the alternative Transitional Period. EDW confirms the receipt of such extension notice. EDW shall not be required to disclose or transfer any Digital Assets and Exportable Data that are protected by intellectual property rights or constitute a trade secret of EDW.
  6. The Exportable Data and Digital Assets will be exported in a secure FTP location.
  7. EDW will grant access to the customer or to the third-party service designated by the customer to the FTP location.
  8. The customer may retrieve its data within 30 calendar days, starting after the end of the Transitional Period (“Retrieval Period”). The Retrieval Period may be prolonged through a mutual written agreement or an agreement in text form.
  9. The Exportable Data1 and Digital Assets2 will be removed from EDW IT systems. Link to the Microsoft Forms
1Exportable Data: For the purpose of Articles 23 to 31 and Article 35 of Regulation (EU) 2023/2854, means the input and output data, including metadata, directly or indirectly generated, or cogenerated, by your use of the data processing service of EDW, excluding any assets or data protected by intellectual property rights, or constituting a trade secret, of EDW or third parties.2Digital Assets: Means elements in digital form, including applications, for which you have the right of use, independently from the contractual relationship with EDW.

To know more about the Exportable Data and Digital Assets Register stored by EDW, please click below.

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