DATA ACT ADDENDUM 

Preamble 

This Data Act Addendum supplements the Master Service Agreement (“MSA”) and the Data Processing Addendum (“DPA”) between the Customer as defined in the Order Form (hereinafter “Customer“) and BRYTER GmbH, Biebergasse 2, 60313 Frankfurt am Main, Germany (hereinafter “Provider”), to ensure compliance with the EU Data Act (Regulation 2023/2854) with effective date 12 September 2025.

1. Definitions  

The capitalized terms used in this Data Act Addendum (“DAA“) shall have the meaning as set forth in the definitions set out in the Definitions (Appendix 1) and in the MSA. The following additional definitions shall apply for the purposes of this DAA. In case of a conflict between the definitions set out in this DAA and the definitions set out in the Definitions (Appendix 1), the DAA shall prevail. 

“API” means a documented application programming interface made available by the Provider that enables automated, secure, and structured access to all Service Data for the purposes of Migration or Deletion as required under the EU Data Act and in accordance with applicable interoperability standards. 

“Deletion” means the complete and irreversible erasure of all Service Data from the Provider’s systems (including backups), except where retention is required by applicable law.  

“Migration” means the process by which all Service Data is transferred from the Provider’s environment to another data processing service provider or to the Customer’s own on-premises ICT infrastructure.  

“Service Data” means any digital data, including both personal and non-personal data, generated, collected, stored, or otherwise processed by or on behalf of the Customer in connection with the use of the Provider’s services. This includes all workflow configurations, user inputs, results, logs, metadata, and any files or documents uploaded or created within the service environment. 

“Switching Charges” means any direct fees charged by the Provider to the Customer for facilitating the migration of Service Data to another provider or to on-premises infrastructure during a switching process (including, for example, data egress fees or specific support actions required to enable the migration). 

“Switching Process” means the Migration or Deletion of Service Data. 

2. Automated Data Migration and Deletion  

2.1 As of 12 September 2025, the Provider shall enable the Customer, upon termination of the Agreement and subject to the contractual notice period as specified in Section 4.2, to automatically migrate all Service Data via an API to another provider or to the Customer’s own systems, or alternatively to have such data deleted.  

2.2 All Service Data shall be made available in a commonly used, structured and machine-readable format (such as JSON, XML, or CSV) to ensure functional equivalence and interoperability. 

2.3 The Provider shall make available to the Customer, in a timely manner, the technical documentation necessary for the use of the API. 

2.4 The Switching Process shall be completed without undue delay and, in any event, within a maximum transitional period of 30 calendar days after the expiry of the notice period. During this period, the Provider shall  

(a) provide reasonable assistance to the Customer and its authorised third parties;  

(b) ensure continuity of the contracted services and maintain an appropriate level of security;  

(c) inform the Customer of any known continuity risks. 

2.5 Where completion within the 30-day transitional period is technically unfeasible, the Provider shall, within 14 working days of the switching request, notify the Customer, duly justify the delay, and propose an alternative transitional period not exceeding seven months, during which service continuity shall be maintained. The Customer may request one extension of that period if required for its own purposes. 

2.6 After completion of the switching process, a retrieval period of at least 30 calendar days shall apply. Upon expiry of that period (or a later period agreed with the Customer), the Provider shall ensure the complete and irreversible erasure of all exportable Service Data and digital assets related to the Customer, confirmed by appropriate documentation or certification provided to the Customer. 

3. Switching Charges 

3.1 After 11 January 2027, the Provider shall not impose any Switching Charges for the migration or deletion of Service Data. 

3.2 During the transitional period, such charges shall not exceed the costs directly linked to the specific Switching Process. 

3.3 Any additional services requested by the Customer that go beyond the Provider’s statutory switching obligations may be charged separately, subject to the Customer’s prior agreement. 

4. Termination upon Migration or Deletion 

4.1 The Agreement shall be deemed terminated (i) upon the successful completion of the Migration; or (ii) upon the Deletion of all exportable Service Data and digital assets at the Customer’s request after service termination, in accordance with the notice period under Section 4.2.  

4.2 The Customer shall give written notice of termination of the Agreement no later than two months prior to the initiation of the Switching Process. 

4.3 Standard service Fees are not “Switching Charges” and remain payable until termination under this Section. Termination under Section 4.1 does not entitle the Customer to any refund of prepaid Fees, unless expressly agreed otherwise. All Fees accrued up to the effective termination remain payable. 

4.4 If a fixed-term Agreement is terminated under this Section without a valid termination for cause based on a Provider breach, the Customer shall pay an early-termination charge as compensation for costs and losses arising from early termination, calculated as follows: 

(a) 20 % of the remaining contractual fees if termination occurs in the first half of the fixed term; or  

(b) 10 % if termination occurs in the second half. 

The early termination charge under this Section shall only apply to any portion of contractual fees that have not yet been paid by the Customer for the remaining term. If all contractual fees for the fixed term have already been paid and are non-refundable, no additional early termination charge shall be due. 

5. Information Obligations 

5.1 The Provider shall inform the Customer in a clear and timely manner of the rights and processes under this Amendment, and shall:  

(a) notify the Customer after each successful Migration or Deletion that this results in termination of the Agreement;  

(b) describe the Customer’s right to request Migration or Deletion and the contractual consequences;  

(c) make available API documentation and necessary instructions;  

(d) indicate statutory or technical limitations (including legal retention obligations); and 

(e) identify sub-processors or other third parties involved in the process and give advance notice of material changes. 

5.2 The Provider shall keep this information easily accessible for the term of the Agreement and promptly notify the Customer in writing of any material changes. 

6. Miscellaneous 

6.1 This Addendum shall enter into force on 12 September 2025. 

6.2 In the event of any inconsistency between this Addendum and the MSA, DPA, or any other contractual Agreement between the Parties, this Addendum shall prevail with respect to data migration, deletion, switching charges, fee exemptions and termination rights. Any conflicting provisions shall be deemed invalid to that extent. 

6.3 All other provisions of the Agreement shall remain unaffected and in full force and effect.