data processing service
The term “data processing service” is defined in Article 2(8) of the Data Act. It covers a large number of digital services with a very large range of different application purposes, functions and technical structures. The definition mirrors common definitions of cloud computing services. It was designed to also cover the popular delivery models such as Infrastructure as a Service (IaaS), Platform as a Service (PaaS) and Software as a Service (SaaS). It is also a condition that the service is provided to a “customer” within the meaning of Article 2(30) of the Data Act and is used as such. It does not, therefore, include services where only a function made possible by data processing is used, such as music or video streaming. There is, however, openness to future technological innovation in the field of data processing service delivery.
Not all services are covered by the full set of switching and interoperability rules. Article 31 of the Data Act provides for exemptions from obligations. Exemptions apply to:
- data processing services that have been designed or developed to accommodate individual needs and that are not offered on a broad commercial scale; and
- data processing services that are provided as a test version for a limited period of time.
However, this does not mean that custom-built services are fully exempt from the scope of Chapter VI (Article 30(5) in conjunction with Article 31(1) of the Data Act). Providers of custom-built services must, for example, make open interfaces available and ensure that data are exported in a structured, commonly used and machine-readable format.
Providers making use of exemptions are obliged to properly inform their customers before concluding a contract about the obligations of Chapter VI of the Data Act that do not apply to them.