The study analyses the switching provisions for data processing services under Chapter VI of the Data Act and combines legal, technical and economic perspectives. It was caried out collaboratively by WIK-Consult, Prof. Dr. jur. Anne Paschke and French consultancy DECISION,
First, based on Article 2(8) of the Data Act, the study develops an assessment framework for determining whether a service qualifies as a data processing service. Building on this, it develops a classification model for determining whether services are of the “same service type”. The key criteria are the service model, the primary objective and the main functionalities.
Based on current market data, the study first identifies 19 relevant cloud providers in the EU and subsequently classifies the services they offer using the classification model developed. Of the 2,964 services identified, 2,536 could be classified with a high degree of confidence according to the service types defined in the classification model, confirming its practical applicability.
Another key focus is the modular switching of individual services. This means that the customer wishes to switch only a specific individual service while remaining with the original provider for the other related services. Expert interviews conducted for the project with cloud providers and cloud customers indicate that such switching is generally feasible for IaaS, but more difficult for PaaS and, in particular, SaaS due to greater customer-specific configuration and lower levels of standardisation. Pricing structures may also make modular switching less attractive.
Finally, the study examines key implementation challenges. First, it addresses the issue of “switching charges” and analyses which support activities related to switching providers may no longer be charged separately as of 12 January 2027. Second, it examines the interpretation of the exemptions provided for in Article 31 of the Data Act.
