Data Act

Terms for data processing services within the meaning of 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 and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828

The Parties shall enter into the contract as far as required by 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 and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (hereinafter: DA) and in particular Art. 25 DA. The Parties shall cooperate in good faith within the meaning of Art. 23 et seqq. DA to make the switching process effective, enable the timely transfer of data and maintain the continuity of the data processing service.
Upon request, the provider DTS shall make available a draft contract to the customer concerning the switching of data processing services in accordance with Art. 25 (1) DA in a way that allows the customer to store and reproduce the draft contract. 
After completion of the switching process, DTS may impose – in addition to all payment obligations during the transitional period arising from the contract, which governs the provision of the data processing service itself – reduced switching charges, which only include costs that are related to actual switching costs until January 12, 2027.
Services that go beyond obligations defined in the DA for the switching process and are performed by DTS at the customer's request shall always be remunerated in accordance with DTS’ current price list. After completion of the switching process within the meaning of Art. 23 ff. DA, the customer must provide compensation for the early termination of the contract. In order to do that, the customer hereby undertakes to pay DTS the amount of the remuneration actually payable until the agreed end of the contract, however, DTS must allow to be credited against what it saves due to the contract being cancelled or what it acquires or willfully fails to acquire from other use of its labor. Third-party costs or purchased services for which DTS has entered into continuing obligations (e.g., licenses, etc.) in connection with the data processing service are included in the above compensation accordingly.