Article 24 Champ d'application des obligations techniques

This is a brief but important scoping article that clarifies the boundary of responsibility when a customer switches between data processing service providers.

It establishes that the various switching-related obligations set out across the act — covering switching processes, contractual requirements, charges, interoperability, and parallel use — fall exclusively on the source provider, meaning the provider the customer is leaving, not the destination provider.

Important points:

• Providers of data processing services acting as the source provider bear sole responsibility for the switching obligations set out in Articles 23, 25, 29, 30 and 34.
• This article acts as a limiting clause, preventing switching obligations from being imposed on destination providers of data processing services.
• The scope of responsibility is confined to the services, contracts, and commercial practices of the source provider.