Switching providers

This is a translation of the French original, which governs in case of divergence.

Regulation (EU) 2023/2854 (the Data Act) requires a provider of a cloud or hosting data processing service to give the customer, before the contract is concluded, the information below on switching provider. Avanserv SRL's hosting and managed services fall under that category where they run on a shared cloud infrastructure. Whether a given offer falls under it, and to what extent, is a question counsel confirms case by case; this page applies to every offer it covers, under that reservation.

Notice and the transitional period#

For hosting and managed services, switching provider starts at the customer's request, with one month's notice. When that notice period expires, a transitional period of 30 calendar days opens, during which the service stays available, secure and assisted; the customer may extend it once, for a period of its choice. If 30 days is technically insufficient for the migration, Avanserv SRL may extend this period to seven months in total, provided it notifies the customer, with reasons, within 14 working days of the customer's switching request.

When the transitional period expires, a retrieval period of at least 30 calendar days opens, during which the customer may still request its data. Once that period has closed and switching has been completed, the customer's data is erased from Avanserv SRL's systems, subject to a legal retention duty. The email outbox, the technical logs and the security data are exempt from return as specific to Avanserv SRL's internal functioning (article 25, paragraph 2, point f, of the regulation): they are internal to the provider's operation and security. The register below covers the customer's other data categories.

Until 11 January 2027 inclusive, switching charges are limited to the direct costs Avanserv SRL actually incurs; from 12 January 2027, no switching charge is billed.

Available methods and formats#

Data is returned through the export the register below describes. No single-click export tool covers a whole account: each data category is retrieved on its own, through the means the register names. For a hosting or managed service, the method for returning content the customer deposited itself (a file copy, a database export) is the one agreed in the quote; absent one, reasonable assistance is given on request.

The register of data categories, formats and standards#

This document is the up-to-date register required by article 26 of the regulation. It is republished on every change, under a version and a date shown at the top of the page.

The app.avanserv.com application#

For each category above, the API exposes an endpoint that lists and returns the records as JSON, for as long as the requesting account can reach them. Each endpoint's schema is published by the service itself as OpenAPI and evolves with it; that is the standard and the specification within the meaning of article 26.

Hosting and managed services#

Content a customer hosts or has hosted (applications, databases, files) stays in the format it deposited it in: Avanserv SRL imposes no format of its own on it. It is returned by the method the quote for that service agrees.

Infrastructure jurisdiction and access by a foreign government#

The infrastructure serving the services is operated by Scaleway SAS, a company under French law, in the fr-par region (France). When the platform's telemetry is switched on, its data is kept in the nl-ams region (the Netherlands). Both regions sit in the European Union, and Scaleway SAS answers to French law and to the law of the Union rather than to a third country's. Choosing a Union infrastructure provider over an offer subject to a third country's extraterritorial legislation is the measure taken against access by a foreign government to non-personal data hosted here. Any transfer of personal data outside the European Union stays governed by the data processing agreement.

Scope#

A service built to measure for one customer, not offered at a broader commercial scale, benefits from the partial exemption of article 31 of the regulation: it covers only switching charges (article 29) and the duties of articles 23, point d, and 30, paragraphs 1 and 3. It never lifts the notice, transition and assistance duties of article 25, nor the information in this document under articles 26 and 28. Whether a given Avanserv SRL offer is a data processing service within the meaning of the regulation, and whether it is built to measure within the meaning of article 31, is a question counsel confirms; this page applies under that reservation.

Questions about switching provider: privacy@avanserv.com.