Sign In App – EU Data Act Addendum

EU Data Act Terms

Additional terms for Customers of data processing services under EU Regulation 2023/2854 (“EU Data Act”)

These EU Data Act Terms supplement and form an integral part of the Agreement if you qualify as customer within the meaning of the 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 (‘EU Data Act’) of a Product (“Customer”) provided by SIS (the “Provider”) under the Agreement that qualifies as Data Processing Service under the EU Data Act (‘DPS’), except for non-production versions for testing and evaluation purposes (‘Eligible Service’).

All capitalized terms used in these EU Data Act Terms but not defined in the Agreement and/or these EU Data Act Terms shall have the meaning assigned to them in the EU Data Act.

In the event of a conflict between these EU Data Act Terms and the Agreement or any other document related to the subject matter contained herein, these EU Data Act Terms will control with respect to the subject matter contained herein.

SWITCHING DATA

The provisions laid down in these EU Data Act Terms apply to all Data relating to the Customer that qualify as Digital Assets or Exportable Data of the Eligible Service according to the EU Data Act (‘Switching Data’).
NOTIFICATION PROCESS
1. The Customer may either
  1. exercise its right to Switch in accordance with the EU Data Act regarding an Eligible Service to a Data Processing Service, covering the Same Service Type, offered by a different provider or to port all Exportable Data and Digital Assets to an on-premises ICT infrastructure (“Switching”, “Switch”) by giving written notice (‘Switching Notice’) and/or
  2. exercise its right to demand the erasure of all Switching Data in accordance with the EU Data Act by giving written notice (‘Erasure Notice’).
    
    In both cases, the Switching Notice and/or Erasure Notice (‘Notice’), must be given to the Provider no less than two (2) months before the planned initiation date of the Switching or the planned erasure of the Switching Data (‘Notification Period’).
2. The respective Notice shall contain all reasonable required information including information to determine whether (i) the Customer qualifies as customer according to the EU Data Act and (ii) the Service qualifies as Eligible Service; and what Switching Data is concerned and state whether the Customer wants to perform one or more of the following actions
  1. switch to a different provider of Data Processing Services, in which case the Customer shall provide all necessary details, including relevant technical specifications about the destination site, the identity of the new provider and the location where the Switching Data should be exported;
  2. switch to an on-premises ICT infrastructure, in which case the Customer shall provide all necessary detail, including relevant technical specifications about the destination site and the location where the Switching Data should be exported; or
  3. erase its Switching Data.
3. The Provider will confirm receipt of the Notice.
4. If the agreed Subscription Term ends prior to a successful completion of the Switching process, the Subscription Term shall be extended until the Agreement is considered terminated in accordance with clause 3.6.3 or clause 3.6.4; whereas the Customer is obliged to continue paying the agreed upon fees on a pro-rata basis until the Agreement is considered terminated.
SWITCHING PROCESS

Upon receipt of a Switching Notice by the Provider, the following provisions apply.
1. Transitional period
  1. The Customer is allowed under the EU Data Act to Switch within 30 calendar days after the expiry of the Notification Period, unless the period has been extended in accordance with the following provisions (‘Transitional Period’).
  2. If Provider determines that the Transitional Period is technically unfeasible, it will notify the Customer within 14 working days of Provider’s receipt of the Switching Notice by email and indicate an alternative Transitional Period, which shall not exceed seven (7) months, and give a duly justification of the technical unfeasibility. The Customer confirms receipt of the notice without undue delay.
  3. The Customer may extend the Transitional Period once for a reasonable period which is more appropriate for the Customer’s purposes for no longer than six months by notifying the Provider in writing prior to the end of the current Transitional Period (‘Extension Notice’). The Provider will confirm receipt of the Extension Notice.
2. In-scope Switching Data
  
  Annex A to the DPA located here contains (i) the categories of Data and Digital Assets of the Eligible Service that can be ported during the Switching process (‘In-scope Switching Data’) and (ii) the categories of Data and Digital Assets specific to the internal functioning of the Provider’s service which are excluded from the Switching Data as a risk of breach of trade secrets exists (provided that such exemptions do not impede or delay the Switching)\'
3. Obligations of Provider during Transitional Period
  1. The Provider shall during the Transitional Period
    1. provide reasonable assistance to the Customer and third parties authorised by the Customer in the Switching process;
    2. act with due care to maintain business continuity, and continue the provision of the functions or Eligible Services
    3. provide clear information concerning known risks to continuity in the provision of the functions or Eligible Services on its part;
    4. ensure that a high level of security is maintained throughout the Switching process, in particular the security of the In-Scope Switching Data during their transfer and the continued security of the In-Scope Switching Data during the Retrieval Period in accordance with applicable Union or national law; and
    5. support the Customer’s exit strategy relevant to the Eligible Services,
4. Obligations of Customer
  
  The Customer shall
  1. take all reasonable measures to achieve effective Switching. The Customer is responsible, including where the Customer uses services of a third party for these actions, for the Data retrieval/extraction, import and implementation of In-Scope Switching Data in its own systems or in the systems of the destination provider.
  2. respect the intellectual property rights of any materials provided in the Switching process by the Provider, as well as Provider’s trade secrets. The Customer undertakes to provide access to and enable the use of these materials to third parties mandated by it only insofar as strictly necessary to complete the Switching process and only upon the Provider’s prior written consent (which shall not be withheld unreasonably) and respecting any confidentiality commitments, as well as the intellectual property rights granted by the Provider.
  3. implement any reasonable instructions related to the Switching process given by the Provider.
  4. act in good faith to implement any reasonable instructions related to the Switching and require any third party authorized, including the destination provider, to cooperate in good faith to make the Switch effective.
  5. be solely responsible for any act or omission of any third party authorized by the Customer, including the destination provider, which affects the successful and timely Switching.
5. Retrieval period
  
  Customer shall have 30 calendar days from the expiry of the Transitional Period to retrieve the In-Scope Switching Data in accordance with the Documentation (‘Retrieval Period’).
6. Completion and termination
  1. The Customer shall notify Provider without undue delay about the successful completion of the Switch (“Switch Completion Notice”).
  2. The Agreement shall be considered terminated upon successful completion of the Switch, which shall at the latest occur upon receipt of the Switch Completion Notice by the Provider. The Provider will notify the Customer of the termination.
  3. The Agreement shall be considered terminated also if, following fulfilment of the Provider’s Switching obligations, the Provider has set a reasonable period to the Customer for Switching and issuing the Switch Completion Notice and the Customer has not refused to issue the Switch Completion Notice within that period, citing at least one unfulfilled Switching obligation of the Provider.
  4. The Customer will cease to access and use the Provider’s materials related to the Switching process, in particular materials protected by intellectual property rights and/or trade secrets, at the end of the Transitional Period.
  5. After expiry of the Retrieval Period or after the expiry of an alternative agreed period, provided that the Switching process has been completed successfully, the Provider will erase the In-Scope Switching Data generated directly by the Customer or relating to the Customer indirectly, except for the In-Scope Switching Data which the Provider is obligated to store under EU or local laws and/or In-Scope Switching Data which may be otherwise used legitimately by the Provider. The Provider will confirm the erasure within a reasonable period of time.
ERASURE PROCESS

In case of an Erasure Notice, the following obligations apply:
1. The Provider will erase the In-Scope Switching Data generated directly by the Customer or relating to the Customer indirectly until the expiry of the Notification Period, except for the In-Scope Switching Data which the Provider is obligated to store under EU or local laws and/or In-Scope Switching Data which may be otherwise legitimately continued to be used by the Provider. The Provider will confirm the erasure within a reasonable period of time.
2. After the expiry of the Notification Period, the Agreement shall be considered terminated. The Provider will notify the Customer thereof.
EARLY TERMINATION COSTS

In case a termination according to the EU Data Act (see clauses 3.6 and 4) results in an early termination of the Eligible Service, i.e. prior to the agreed Subscription Term as set forth in the Agreement, such termination will not relieve Customer of its obligation to pay any fees due to Provider for the period prior to the Termination Date of the relevant Subscription Term. Customer must pay any outstanding subscription fees covering the remainder of the term of the relevant Subscription Term(s) as an early termination fee. Provider will not charge any other fees or penalties. Provider will continue to provide the Services in accordance with the Agreement until the Termination Date
EXCLUSION OF LIABILITY

In no event shall Provider or its Affiliates have any liability to Customer, or their Affiliates, under or in relation to the Agreement for any damages, losses, costs, or expenses arising out of or in connection with the Switching Request and/or the Deletion Request. This exclusion of liability includes, but is not limited to, any issues related to Customer Data integrity or loss, system downtime, compatibility issues, or any other disruptions or failures that may occur during or as a result of the Switching Request and/or the Deletion Request.

Last updated: 01.15.2026