Kladero provides its Customers on this page with the information required under Article 26 of Regulation (EU) 2023/2854 (“Data Act”) and keeps this information up to date.
The following information applies insofar as the Kladero Platform or a technically and contractually separable part of the services provided through it constitutes a data processing service within the meaning of the Data Act and is subject to the provisions of Chapter VI of the Data Act. The data processing service covered by the relevant switching process is hereinafter referred to as the “Affected Data Processing Service”.
1. Procedures, methods and technical framework conditions for switching
1.1 Procedure for initiating and carrying out switching
Clause 19 of the Kladero Platform Terms of Service contains the contractual provisions governing the rights and obligations in connection with switching, including the applicable time limits. The following information supplements those provisions with practical information on how switching is carried out and also serves to fulfil the information obligations under Article 26 Data Act. In the event of any discrepancies, the Kladero Platform Terms of Service prevail.
1.1.1 Step 1 – Switching request
The Customer may request switching in accordance with the Data Act and the Kladero Platform Terms of Service. The switching request may be submitted in text form, for example by email to contact@kladero.com.
In accordance with the Data Act, the Customer may
- 1) switch to a data processing service of another provider;
- 2) transfer its exportable data and digital assets to its own ICT infrastructure; or
- 3) terminate use of the Affected Data Processing Service and have its exportable data and digital assets deleted.
When switching to another provider, the Customer provides Kladero with the information about the receiving provider required to carry out the switch.
1.1.2 Step 2 – Notice period
The maximum notice period for initiating the switching process is two months, unless a shorter period has been agreed for the Affected Data Processing Service.
After the applicable notice period has expired, the transitional period begins.
1.1.3 Step 3 – Transitional period
After the applicable notice period has expired, the transitional period is generally no longer than 30 calendar days. During the transitional period, the contractual provisions concerning the Affected Data Processing Service continue to apply.
If carrying out the switching process within the 30-calendar-day transitional period is not technically possible, Kladero informs the Customer within 14 working days after receipt of the switching request of the reasons and specifies an alternative transitional period that does not exceed seven months.
The Customer may extend the transitional period once by a period that it considers appropriate for its own purposes.
Kladero supports the Customer and third parties authorised by the Customer in the switching process to the extent required by law, acts with due care to maintain continuity of service, provides information about risks known to Kladero that could affect uninterrupted service provision, and ensures an appropriate level of security during the transfer and the data retrieval period.
1.1.4 Step 4 – Data retrieval period
After the transitional period has expired, Kladero enables the Customer, for a further 30 calendar days, to retrieve the data that must be retrievable under the Data Act.
The Customer is responsible for fully retrieving the data made available within this data retrieval period or having it retrieved by a third party authorised by the Customer.
After the data retrieval period has expired, Kladero completely deletes the exportable data and digital assets that must be deleted under the Data Act, provided that the switching process has been completed successfully and no mandatory statutory obligations or validly agreed longer retention periods prevent deletion.
1.2 Available switching and transfer methods
The export and transfer of exportable data and digital assets are carried out via a dedicated Kladero Export API.
Access to the Export API requires a separate access token. Kladero provides it to the Customer or to a third party authorised by the Customer once the switching process has been opened.
1.3 Data structures of the exportable data
Where no relevant common specifications or harmonised interoperability standards have been published, Kladero provides the exportable data in a structured, commonly used and machine-readable format.
Structured data and text content are provided in JSON format. Uploaded files are exported in their respective original file format.
The Online Register below specifies which data is exportable and the format in which it is provided.
1.4 Limitations and technical restrictions known to Kladero
The export and transfer of data may be subject to technical limitations, in particular:
- 1) limits on the number of permitted interface calls within a specified period (request limits);
- 2) splitting large data volumes into several successive partial retrievals;
- 3) time limits for individual retrieval operations and other technical restrictions of the hosting environment;
- 4) the need for mapping, verification and data-cleansing steps in the target system;
- 5) dependency on the Customer’s cooperation, for example by providing access credentials, technical contacts or information about the target system;
- 6) the validity period of access tokens provided, which may need to be reissued upon expiry;
- 7) scheduled maintenance windows or other temporary unavailability of the interface;
- 8) changes to the data by the Customer or its users while an export operation is in progress;
- 9) differences in data formats, structures or versions between the Kladero Platform and the target system that may require adjustments in the target system;
- 10) the limited scope and availability of historical content, content that has already been deleted, or content that is no longer retained in the system;
- 11) differences in character encoding or language formats that may require conversion; and
- 12) other technical circumstances that were not foreseeable when this register was created.
Estimated duration of the switch: The duration of a switch depends in particular on the volume of data and digital assets to be transferred and on the technical framework conditions of the particular switch. As a rough guide, a duration of 2 to 4 weeks should be expected.
2. Online Register
The exportable data and digital assets are provided in the data formats listed below. Structured data and text content are available in JSON format. Uploaded files are exported in their respective original file format.
| Data category | Data format |
|---|---|
| Customer and user account and profile data, insofar as such data is attributable to the Customer and its transfer is legally permissible and necessary for switching | JSON |
| Organisational structures, configurations, Customer Content and Usage Results created within the Affected Data Processing Service, insofar as they are attributable to the Customer or may be reused by the Customer | Structured data and text content as JSON; uploaded files in their respective original file format |
| Metadata generated directly or indirectly through use of the Affected Data Processing Service and required for the attribution, interpretation or further use of the transferred data | JSON |
| Other digital assets for which the Customer, independently of its contractual relationship with Kladero, holds the usage rights required for their transfer | Depending on the type of the relevant digital asset |
If relevant common specifications, harmonised interoperability standards or open interoperability specifications are published, Kladero updates this Online Register accordingly.