Effective Date: 12 September 2025 

This Data Act Addendum (“Addendum”), issued in accordance with Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonized rules on fair access to and use of data (“Data Act”), forms part of any valid agreement between 3E and Client under which Client data is hosted or processed by 3E (collectively, the “Agreement”). In the event of conflict, this Addendum prevails over the Agreement. 

1. Definitions. Capitalized terms not defined herein have the meanings assigned in the Agreement or the Data Act.
2. Switching and Exit Plan. If Client exercises its right to switch to another provider under the Data Act, the Parties shall agree in good faith on an Exit Plan covering the data to be exported, any exemptions (e.g., trade secrets, IP, enriched data), and known risks to 3E’s ongoing services or functionality.
3. Switching Request Procedure. Client shall notify 3E of its intent to switch (“Valid Request”) by email, giving two (2) months’ written notice. The request must identify: 
   1. the specific 3E product or service (Data Processing Service as per the Data Act) concerned; 
   2. whether the switch is to a Provider of the Same Service Type or to Client’s on-premises infrastructure; and 
   3. all other information required to facilitate the switching (e.g., destination, timing, contact details)
      3E shall determine in good faith whether the service qualifies as the Same Service Type and may request proof of authorization where a third-party submits the request on behalf of Client. Both Parties, and any destination provider involved, shall cooperate in good faith to ensure effective switching and service continuity.
4. Transitional Period. The Transitional Period for completing switching is thirty (30) days from the end of the notice period, unless otherwise agreed in writing. If completion within that period is not technically feasible, 3E shall notify Client within fourteen (14) working days, propose an alternative period of up to seven (7) months starting after the notice period, and explain the reasons. Client shall acknowledge receipt within three (3) working days; provided however Client’s silence shall be deemed acceptance. Client may extend the Transitional Period once by up to three (3) months, by written notice before the initial period expires.
5. 3E Obligations during Switching.3Eshall act with due care to maintain business continuity and continue to provide the relevant Data Processing Services; inform Client of any known risks to service continuity; and maintain a high level of security during data transfer, consistent with its contractual and legal obligations. 

6. Client Obligations during Switching. Client shall take all reasonable measures to ensure effective switching, including importing and implementing data within its own or the destination provider’s systems. Client shall promptly notify 3E upon completion; any costs of delay shall be borne by Client. 

7. IP and Trade Secrets. Both Parties, and any authorized third parties, shall respect 3E’s intellectual property and trade secrets, disclosing such materials only as necessary and under appropriate confidentiality commitments. Client shall follow 3E’s reasonable instructions to support the process. 

8. Data Retrieval and Deletion. Client may retrieve or request deletion of its exportable data within thirty (30) days of completion (“Data Retrieval Period”). After Data Retrieval Period , 3E shall delete such data, except where retention is legally required or data remains publicly available. 

9. Early Termination Fees. If switching results in early termination of the Agreement, 3E may invoice the Client for any unpaid or prepaid fees that would have been due absent such early termination (“Early Termination Fees”), payable per the Agreement’s standard payment terms. 

10. Termination. The Agreement is deemed terminated upon successful completion of the switching. If completion occurs before the contractual term ends, then any Early Termination Fees per Clause 8 become immediately  due.