EU Data Act: what retailers are now entitled to when switching ERP and POS systems

What is the EU Data Act?

The Data Act is Regulation (EU) 2023/2854 and has applied directly in all EU member states since September 12, 2025. A central part governs switching between data processing services: customers should be able to change providers without being held back by contracts, technology or costs. These switching provisions also apply to contracts concluded before this date (source: European Commission).

Decisive for retailers: the rules cover not just storage clouds but data processing services as a whole, including software as a service. Cloud-based ERP systems and POS systems therefore also fall under the rules. Anyone who obtains their system as an ongoing service from a data centre can invoke the switching rights.

What rights do I have when switching providers?

Three articles of the Data Act carry the switching rights. Together they form a clear framework: the provider may not make leaving difficult, must handle it within fixed deadlines and must hand over the data in a format the new system can work with.

1. 1
   Obstacles must go (Art. 23). Providers must remove contractual, commercial, technical and organisational obstacles that stand in the way of switching to another provider.
2. 2
   Clear deadlines (Art. 25). The notice period for initiating the switch may not exceed 2 months. The transition itself is limited to a maximum of 30 calendar days; if that is technically not feasible, the provider may extend it but must communicate this. After the switch is completed, at least 30 calendar days remain to retrieve your own data.
3. 3
   Usable data format (Art. 30). All exportable data generated by the customer must be provided in a structured, commonly used and machine-readable format. Open interfaces for the export must be available free of charge.

What does switching cost under the Data Act?

For the costs, Article 29 draws a clear line. Even today, providers may only charge fees for the switch that do not exceed their actual costs. From January 12, 2027, switching charges will be abolished entirely, including charges for data retrieval (sources: European Commission, Greenberg Traurig, cloudmagazin).

This is to be distinguished from contractual compensation for the early termination of a fixed-term contract. Anyone who terminates a contract with a fixed term before it ends may still be obliged to pay the agreed compensation. The Data Act limits the charges for the switching process itself, but it does not dissolve agreed contract terms.

For planning, this means: the remaining term of the contract still determines the best time to switch. The technical and financial hurdles of the switching process itself, however, drop significantly.

Who does the Data Act apply to and who enforces it?

The switching rights apply to business customers of any size, from a single store to a retail chain. There is no minimum size.

In Germany, the Data Act Implementation Act (DADG) provides for enforcement. It entered into force on May 30, 2026, and the competent authority is the Bundesnetzagentur (source: Bundesnetzagentur). In addition to their contractual claims, retailers thus have a supervisory authority they can turn to if a provider does not comply with the requirements.

What does this mean in practice?

The Data Act removes many hurdles from switching, but it does not replace planning. Four steps put you in a good position:

1. 1
   Check your contract. Look up the term, notice period and provisions on switching and data export. The Data Act provides for a notice period of at most 2 months for initiating the switch.
2. 2
   Ask about the export format. Clarify with the provider which data can be exported in which format and whether open interfaces are available. The answer quickly shows how well the provider is prepared for the Data Act.
3. 3
   Know the deadlines. A maximum notice period of 2 months, a maximum transition of 30 calendar days, then at least 30 calendar days for data retrieval. If you know these deadlines, you can set up a realistic timeline.
4. 4
   Plan the switch. Test the new system in parallel, train your team, set a cut-over date for the switch. The earlier the test begins, the more relaxed the transition becomes.

How does DezemberHub do it?

DezemberHub is the ERP system with POS and AI assistant for shoe, fashion and sports retail in the DACH region. Much of what the Data Act requires has been part of the model here from the start: DezemberHub can be cancelled monthly with no minimum term, data export is possible at any time and entry starts at €50 per month.

For the switch, we import the data from your existing system free of charge. The migration runs automatically, without you having to enter the item master, customers or inventory by hand. In the free 30-day trial you work with your real data and see what your business looks like in DezemberHub. The trial ends without automatic renewal.

This article is a general orientation and does not replace legal advice. Whether and how the provisions apply in an individual case depends on the specific contract and how the switch proceeds.