Datadata-law#40F2FE#0A7C8A

Data Act for SaaS

Your SaaS contracts will meet the Data Act before charging customers for leaving becomes unlawful.

You will receive your terms, your exit plan and the pre-contract information.

§ 1

Approach

From 12 January 2027 a customer's exit can no longer be charged for, and your contracts will have to reflect it.

Your role first

We will determine whether you act as a provider of data processing services, a manufacturer of connected products or a data holder, because each role carries its own obligations.

Then, clause by clause

We will review notice periods, lock-ins, migration charges and export formats, and rewrite whatever no longer holds.

And the exit, in writing

We will draft the exit plan, which answers what a departing customer will ask: what is handed over, in what format and within what time.

§ 2

Engagement

SaaS and cloud providers
You will receive your terms, your exit plan and the pre-contract information.
€4,500 + VAT
3 weeks

El importe exacto se cierra en la hoja de encargo antes de pagar, con los gastos previsibles incluidos. Si el encargo se alarga, no pagas más.

§ 3

Process

How the engagement unfolds

Pre-Consultation NDA

A unilateral confidentiality agreement signed by PASSAS before the video consultation, available at no additional cost on request. It binds the firm alone — no signature is required from the client — and adds an explicit contractual layer on top of the professional secrecy obligations inherent to the practice of law.

Initial Consultation

A 60-minute working session by video call in which we analyse your situation, your specific needs and our ability to help you. We assess whether we can take on the matter and give you the fixed price in advance. You can book it directly through the Google Calendar link on our website and pay €90 by Stripe.

Data Act Memo

An analysis of the company's position under Regulation (EU) 2023/2854 (provider of data processing services, manufacturer of connected products or data holder) and of the obligations and dates that apply in each role. It reviews the current terms clause by clause, marks those that lose validity and sets the adaptation timetable up to 12 January 2027.

Data Act Terms

Service terms rewritten for switching: maximum notice period, transitional period, exportable data and export format, removal of switching charges, and data access and use clauses that withstand the unfairness test. Includes the addendum for customers who signed before the change.

Exit Plan

A documented switching and export procedure (what is handed over, in what format, with what assistance and within what time limits), together with the information article 29 requires before signature and on the website.

§ 4

Team

Who handles it

Guillermo Passas Varo, founding partner of PASSAS

I see legal practice as a discipline of precision. I work where the law meets technology and cross-border operations, and I read code and contracts with the same attention. Before accepting an engagement I tell you whether it is worth pursuing and what it costs, at a fixed price.

§ 5

Questions

What people ask before instructing this service

Who does the switching chapter apply to?

Anyone providing data processing services to customers in the Union (SaaS, PaaS and IaaS), wherever they are established. Establishing whether your service falls within that definition and which exceptions may apply is the first part of the engagement.

What about contracts already signed?

The switching rules have applied since 12 September 2025, and 12 January 2027 removes any charge for leaving. The unfair terms test in Chapter IV reaches earlier contracts on 12 September 2027. The engagement includes the addendum to bring your existing customer base into line.

Can I keep charging for migration until 2027?

Until 12 January 2027 only the direct cost of the exit may be passed on, and from that date none at all (article 29). Anything invoiced today as a ‘migration service’ above that cost is already a problem.

How much does it cost and how long does it take?

From €4,500 + VAT, delivered within three weeks. The exact figure is fixed in the engagement letter before you pay, and depends on the number of products and contract templates to be adapted.

Book your Virtual Consultation today.

Sixty minutes on Google Meet with a qualified lawyer. It costs €90 including VAT and will be deducted from the first invoice if an engagement follows.

Book a Virtual Consultation (€90)Tell us about your matter first

If you book, you will choose your lawyer and a time in Google Calendar. If you would rather tell us about your matter first, we will reply within 24 working hours.