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SelectionAs of René HerzerCreated with AI

Exit strategy for AI platforms: what to settle for leaving before you sign

An exit strategy settles, before you sign, how you leave an AI platform again: which data you get back in which format (documents, applications, settings, logs), within what deadline, when and how data is deleted, and what happens if the provider becomes insolvent. For cloud services in the EU, the Data Act has set minimum switching rights since September 2025. A platform that takes sign-in and permissions from your own user directory makes you less dependent.

Why settle the exit when you start?

An AI platform gathers value over time: stored documents, applications with carefully worked-out instructions, groups and permissions, connected systems, logs as proof. If you cannot take all this with you when you switch, you stay tied, even when price or performance no longer fit. When you sign the contract, your negotiating position is at its strongest; when the contract ends, at its weakest.

Which data should you get back?

What Why it matters What to look for
Stored documents Basis of many answers Originals, not just extracted text
Applications and their instructions Many months of work Readable format, such as text or JSON
Groups, roles, permissions Basis for data protection If they come from your own user directory, they stay with you anyway
Configuration of the connections Effort with every new provider Which systems, with which permissions
Logs Proof for supervisory authorities and audits Export as CSV or via an interface before the end
Chat histories often a personal working aid Where are they stored, who can export them?

Set out in the contract: which data, which format, which deadline, who bears the costs and when data is deleted. Under Art. 28(3)(g) GDPR, the processor must, at the controller’s choice, delete or return personal data once the service ends; have the deletion confirmed to you.

What does the EU Data Act require when switching?

The Data Act (Regulation (EU) 2023/2854) has applied since 12 September 2025. Chapter VI gives customers of data processing services, including cloud services such as software as a service, minimum rights when switching provider or moving back in-house:

  • Notice period: at most two months to initiate the switch.
  • Transition period: as a rule at most 30 days, during which the provider supports the switch; longer only if this is technically not feasible, with reasons given.
  • Data retrieval: at least 30 days after the transition period to retrieve data; deletion afterwards.
  • Costs: Until 11 January 2027, the provider may only charge its direct costs of the switch; from 12 January 2027, no switching charges at all. Regular fees and agreed penalties for early termination are not affected.

Exceptions apply, among others, to services that are mostly custom-built for one customer and to trial versions. The Data Act applies in the EU, so in Germany and Austria, but not in Switzerland. Check that a provider’s contract terms reflect these rights.

What makes a platform less dependent?

  • Sign-in from your user directory: People, groups and roles come from your directory and stay there.
  • Standard interfaces: Your own applications that use a widespread interface can be pointed at another platform by changing the address.
  • Data stays in your systems: If the AI reads from your systems via connectors instead of copying everything, the source stays with you.
  • Running it in-house: If the platform runs on your hardware, data and backups are with you anyway.
  • Protection in case of insolvency: Ask what happens if the provider no longer exists, for example escrow or release of the source code.

How term, perpetual licence and termination fit together is explained in the guide Licensing models for AI platforms.

How do you test the exit?

Ask to be shown an export during the proof of concept or the trial installation: an application with its instruction, a document, an extract from the log. An exit that nobody has tried out is only a promise. Make the return of all data at the end of the contract a mandatory criterion in the tender; see the tender guide for pointers.

Not legal advice: Whether and how the Data Act applies to your contract is for your legal department to check. Research as of 11 October 2026.

How does this work with basebox?

Apps with their instructions can be exported, as can knowledge bases and settings. In the cloud, you can export your apps, knowledge bases and settings for 30 days after the contract ends; we then delete your environment, and the last backups expire 7 days later. With the server, data and backups are with you; basebox has no copy. Sign-in and groups come from your user directory (LDAP, OIDC or SAML). We export the audit log as CSV on request. For your own applications, there is an OpenAI-compatible interface. If basebox becomes insolvent, the code will be published as open source so that you can keep running basebox. Switching between cloud and server is possible at any time, for a flat fee of €4,200.

Frequently asked questions

Does the right to data portability under Art. 20 GDPR help us?

Hardly. Art. 20 GDPR gives data subjects a right to their own data; it gives an organisation no such right against its service provider. For switching cloud providers, the Data Act and your contract are what count.

Does the Data Act also apply in Switzerland?

No. It applies in the EU, and therefore also in Austria, but not in Switzerland. Swiss contracting authorities and companies therefore settle return, deadlines and deletion entirely in the contract.

Do we still have to keep logs after the contract ends?

That depends on your own retention obligations. Export the log before the end if you need it as proof. How long logs should be kept is explained in the guide on logging.

Sources

  1. Regulation (EU) 2023/2854 (Data Act), Chapter VI, EUR-Lex ↗
  2. Travers Smith: The Data Act's changes to cloud services contracts ↗
  3. Maples Group: The EU Data Act's switching framework, a practical overview ↗
  4. GDPR, Art. 20 and Art. 28(3)(g) (EUR-Lex) ↗
  5. EVB-IT Cloud: general terms and conditions (CIO Bund, German) ↗

This article was created with the help of AI, based on the sources listed. Responsible for the content: basebox GmbH. Not legal advice, no liability. Research as of 1 November 2026.

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