Data Act: new duties for connected products, free cloud switching next
The Data Act has applied since 12 September 2025. Design duties for connected products followed in 2026; cloud switching charges end on 12 January 2027.
The Data Act (Regulation (EU) 2023/2854) gives users of connected products access to the data they generate, sets rules for sharing data between businesses and makes it easier to switch between cloud providers. It has applied since 12 September 2025, and two further dates matter now.
Since 12 September 2026: access by design
Connected products and related services placed on the market after 12 September 2026 must be designed so that the data they generate is easily and securely available to the user, where relevant and technically feasible, directly from the product (Article 3(1)). Before that date, the access rights already applied, but without this design duty.
12 January 2027: no more switching charges
Providers of cloud and other data processing services may charge customers only reduced switching and data egress fees until 12 January 2027, at cost. From that date, switching must be free of charge (Article 29). The other switching rules, such as notice periods, the transition period and help with exporting data, have applied since September 2025.
12 September 2027: older contracts
The rules on unfair contractual terms in data sharing between businesses (Chapter IV) apply to contracts concluded after 12 September 2025. From 12 September 2027 they also cover long-running contracts concluded earlier.
Proposed changes
In November 2025 the Commission proposed a Digital Omnibus that would, among other things, bring several data rules together in the Data Act. It is a proposal: the Data Act applies as adopted until any change is agreed and in force.
What to do
- Manufacturers: check that products launched since 12 September 2026 make data accessible by design, and that your product information describes the data and how to get it.
- Cloud customers: review exit clauses and switching fees in your contracts ahead of January 2027.
- Cloud and SaaS providers: publish your switching process, the formats you export and your fees until 12 January 2027.
Sources
- Regulation (EU) 2023/2854 (Data Act), Articles 3, 29 and 50
- European Commission: Data Act
- European Commission: Digital Omnibus Regulation proposal (19 November 2025)
For information only, not legal advice. Last updated 19 October 2026.
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