A Data Act Addendum for your SaaS

The EU Data Act fundamentally changes how data is handled, creating new, far-reaching obligations for SaaS providers, platform operators, and manufacturers of connected products. Your customers gain the right to access and port the data generated by their use of the product.

Data access, data use, and interoperability are becoming mandatory legal topics that every contractual relationship will need to address cleanly. Companies have to adapt their existing contract frameworks: the Data Act demands transparent rules on who may access which data, how data is shared, and on what terms. That raises hard questions: Which data is actually in scope? How do we protect our trade secrets? How do we make data access technically and commercially fair?

We help you implement these new requirements pragmatically. A purely legal lens falls short. We translate the Data Act's requirements into a technically sensible, contractually clean solution that fits your business model and integrates into your existing SaaS and partner agreements.

Our approach combines legal precision with technological understanding:

• Analysis of your data flows: We map which data your platform generates, stores, and shares through use, and which roles are affected (e.g., users, business customers, third-party providers).
• Risk assessment and prioritization: We identify which Data Act requirements actually apply to you and where a pragmatic approach makes sense.
• Structuring data access: We define how data gets provided (via an API or as an export, for example) and set fair, reasonable, and non-discriminatory (FRAND) terms, including potential compensation.
• Protecting trade secrets: We draw clear contractual boundaries so data access doesn't expose your algorithms, data models, or other competitively sensitive information.
• Drafting the Data Act Addendum: We build the Data Act Addendum as a modular, understandable document with clear provisions on:
  
  • Scope of accessible data
  • Protection of trade secrets
  • Technical modalities of provision (interfaces, formats)
  • Terms for further use and sharing with third parties
  • Liability and warranty clauses around data use
  • Interoperability and migration obligations‍
    
• Interface with the GDPR: We make sure the addendum ties in cleanly with your existing Data Processing Agreement (DPA) and creates no contradictions.‍
• Integration into your contract ecosystem: We make sure the addendum fits logically with your existing T&Cs, Data Processing Agreements (DPAs), and service descriptions.

Integration into your sales process is what makes the difference. Instead of reacting to customer requests one by one, you have a proactive, standardized addendum. It's modular, adapts quickly to customer segments and use cases, and can be connected to tech tools (CLM or DPA generators) as needed. That doesn't just create legal certainty. It signals professionalism and transparency to your customers.

The result is a Data Act Addendum that's legally sound, technically implementable, and commercially well thought out, future-proofing your SaaS business.