# Source: https://docs.apify.com/legal/data-act-addendum.md

# EU Data Act Addendum

Effective date: January 12, 2026

***

This EU Data Act Addendum ("**Addendum**") applies to the extent the EU Data Act (Regulation (EU) 2023/2854) is applicable to the Services provided to you. It implements requirements of the EU Data Act and clarifies our mutual rights and obligations in relation to data portability, switching service providers, transparency, and data deletion.

This Addendum does not apply to Previews, sandbox environments, or test or evaluation versions of the Subscription Services.

Parties will cooperate in good faith to ensure an effective switching process, timely data transfer, and continuity of Services, including cooperation with alternative service providers designated by you.

Where this Addendum conflicts with the [Apify General Terms and Conditions](https://docs.apify.com/legal/general-terms-and-conditions.md), this Addendum prevails only to the extent required by the EU Data Act; otherwise, the Apify General Terms and Conditions control. Any capitalized terms not otherwise defined in this Addendum shall have the meaning set forth in the Apify General Terms and Conditions.

## 1. **Right to switch and erasure**

At any time during the Subscription Term, you may either (i) switch to a data processing service offered by a different provider of data processing services; or (ii) port all Portable Data (as defined below) to an on-premises ICT infrastructure (each a "**Switch**"); or (iii) erase your Portable Data; by giving 2 months’ notice to Apify (the "**Notice Period**").

1.1. For a period of 30 days immediately following expiry of the Notice Period (the "**Transition Period**"), you must continue to pay the Fees for the Services and we must (i) provide reasonable assistance to you and third parties authorised by you in connection with a Switch; (ii) act with due care to maintain business continuity, and continue the provision of the Services; (iii) provide clear information concerning known risks to continuity in the provision of the Services; (iv) ensure that a high level of security is maintained throughout the switching process, in particular the security of the Portable Data during the transfer and the continued security of the Portable Data during the retrieval period, in accordance with applicable EU or national law.

1.2. If you wish to Switch to a different provider of data processing services, you must provide us, concurrently with your notice under this Section 1, with the necessary details of that provider.

1.3. If the 30-day Transition Period is technically unfeasible, we must notify you within 14 business days after your notice under this Section 1, and indicate an alternative Transition Period, which must not exceed seven months. We must continue to provide, and you must continue to pay the fees for, the Services during any extended Transition Period.

1.4. At any time before expiry of the Transition Period, you may extend the Transition Period once for a period that you consider more appropriate for your own purposes by giving notice to us, including, among other things, the end date of the extended Transition Period.

## 2. Support and Information

2.1. We must provide you with reasonable support for your exit strategy relevant to the Services, including by providing all relevant information.

2.2. We have set out an exhaustive specification of all categories of data and digital assets that can be ported during a Switch, including all exportable data and all categories of data and digital assets excluded as non-exportable, in Schedule 1 (the “Portable Data”).

## 3. Data Retrieval

3.1. If the Agreement terminates under this Addendum, the following provisions apply:

3.1.1. As soon as reasonably practicable after the start of the Transition Period, you must provide us with details of where to export the most recent back-up of Portable Data described in Schedule 1 to this Addendum and held by us at the end of the Transition Period (the "**Data Export**").

3.1.2. Within 30 days after expiry of the Transition Period, we must (i) provide you with a copy of the Data Export; and subsequently (ii) erase any remaining Portable Data in our possession in accordance with our data retention policy and privacy requirements.

## 4. Effect on the Duration of the Agreement

4.1. You must notify us when a Switch has been successfully completed.

4.2. The Agreement automatically terminates, as applicable, (i) on successful completion of the Switch; or (ii) where you do not wish to complete a Switch, but to erase your Portable Data in accordance with Section 1, on expiry of the Notice Period.

4.3. We must notify you when the Agreement terminates in accordance with paragraph 4.2.

4.4. If either the Notice Period or the Transition Period extends beyond the end of the Subscription Term, then the Agreement shall automatically extend for the remainder of the Transition Period. We may invoice you for, and you must pay, the fees for that Transition Period.

4.5. If the Agreement is terminated prior to the end of your then-current Subscription Term, you must pay an early termination fee equivalent to the Subscription Fees that would have been payable for the remainder of the then-current Subscription Term. For the avoidance of doubt, no discounts or refunds will be provided for any fees already paid or payable in respect of the remaining term following termination.

## 5. Liability

5.1. Nothing in the Agreement excludes or limits either party’s liability to the other party under or in connection with the Agreement for intentional acts or gross negligence that breach any data-related obligations under the Agreement.

5.2. Apify is not responsible for (i) data compatibility or functional equivalence in destination systems; (ii) implementation or transformation requirements for Portable Data in destination systems; or (iii) actions of third parties you authorize to receive Portable Data.

## Schedule 1

**Portable Data Includes**: All Customer Data as defined in the Agreement.

**Exempt Data Categories**:

* Usage Data as defined in the Agreement
* Proprietary algorithms and system configurations
* Security-sensitive operational data
* Third-Party Applications and Actor Inputs and Actor Outputs