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The Dutch Cloud-Switching Guidance Gets the Fee Ban Right but Risks Over-Engineering Interoperability

The ACM's Data Act guidance ends cloud switching fees on 12 January 2027. Its parallel-use and sovereignty duties will decide whether competition improves or compliance costs just rise.

Dutch Cloud Switching Rules People of Internet Research · Netherlands 75% Top-3 cloud market share ACM says the three largest provide… 12 Jan 2027 Switching fees end Data Act Article 29 requires switc… 21 Nov 2025 ACM enforcement start The Dutch implementing act took ef… peopleofinternet.com
Dutch Cloud Switching Rules People of Internet Research · Netherlands 75% Top-3 cloud market share 12 Jan 2027 Switching fees end 21 Nov 2025 ACM enforcement start peopleofinternet.com

Key Takeaways

On 19 October 2026 the Netherlands' Authority for Consumers and Markets (ACM) published guidance on the cloud-switching chapters of the EU Data Act. Its message is that switching cloud providers must be fast, easy and free. The ACM also notes that the three largest cloud providers serve 75% of the market. The guidance is open for market consultation, so the text may still change.

The strongest case for the ACM's approach

The case for intervention is real. When three firms hold three-quarters of a market, the cost of leaving is part of the product's price. Egress fees, proprietary APIs and services that only work inside one ecosystem all raise that cost. A customer who cannot leave cannot negotiate, and it cannot credibly threaten to move workloads to a smaller European rival. Those smaller providers are the ones whose entry would discipline prices.

The Data Act makes this a legal question and not only a competition one. Regulation (EU) 2023/2854 applies from 12 September 2025. Under Article 29, switching charges must be abolished by 12 January 2027. The ACM can enforce the Act in the Netherlands because the Dutch implementing act took effect on 21 November 2025. Its jurisdiction covers cloud providers headquartered in the Netherlands.

What the guidance actually requires

Four duties stand out, based on the ACM's announcement and press coverage of the draft:

Where the fee ban is strongest

The fee ban is the best-justified part. It is a clear, measurable rule that prices a barrier at zero. It does not tell engineers how to build anything. A provider can comply with a spreadsheet change and a billing update. It also leaves room for innovation: providers can still compete on performance, price and reliability, and they cannot compete on the cost of leaving.

The guidance also stays close to cost. Until January 2027, providers can recover costs directly tied to switching. Parallel use can carry real data-transfer costs, and the draft lets providers recover them at actual cost. That distinction between a cost and a toll is what a proportionate rule should draw.

Where the risk lies

The interoperability and equivalence duties are harder. A rule that says services must work together is simple to write and expensive to implement. The risk is that compliance cost falls hardest on the providers regulators most want to help. A hyperscaler can fund a standards team. A European regional cloud with a few dozen engineers may struggle to maintain free APIs, track evolving standards and certify equivalence for every feature. If the duty is read broadly, it could entrench the three largest providers by raising the fixed cost of competing.

The IaaS functional-equivalence standard is the clearest test. Limiting the duty to features that both services actually offer is sensible. It would be a mistake to turn it into a requirement that a destination replicate capabilities it never advertised. That would amount to product design by regulator. The ACM should keep the "reasonable and feasible" qualifier prominent in the final text. It should also say what evidence of a good-faith effort looks like, so a small provider knows when it has complied.

The sovereignty provision needs similar care. Protecting non-personal data from unlawful non-EU government access is a legitimate goal. But "unlawful" does the work in that sentence. If national regulators read it differently, providers face a patchwork of risk analyses across the single market. That is the opposite of the harmonisation the Data Act promised. Customers do not benefit if a provider answers uncertainty by withholding services or by pushing legal risk into contracts.

What good implementation looks like

Three practical tests would keep the guidance on the pro-competition side of the line.

The bottom line

The fee ban is a proportionate fix for a real market failure, and it comes with a date providers have known about since the Data Act was adopted. The interoperability and sovereignty duties deserve the same discipline. A regulator that pairs a strict end to switching fees with workable, evidence-based technical duties will do more for competition than one that tries to engineer the cloud market. The ACM has the first half right. The final text will show whether it gets the second.

Sources & Citations

  1. ACM: guidance on switching between cloud services (19 Oct 2026)
  2. ACM: now authorised to enforce the Data Act
  3. EUR-Lex: Regulation (EU) 2023/2854 (Data Act)
  4. PPC Land: cloud providers lose switching fees in January 2027