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EU Data Act Addendum
EU Data Act Addendum
Last Updated: 8 January 2026
This EU Data Act Addendum (“Addendum”) supplements the most recent Agreement by and between Illumio and Customer to the extent Customer is subject to the EU Data Act and purchasing applicable Products from Illumio. For purposes of this Addendum, “Agreement” means the master subscription agreement and/or other similar agreement governing Customer’s use of Illumio Products. Any reference to the EU Data Act means Regulation (EU) 2023/2854. Customer agrees that this Addendum is incorporated by reference into their Agreement with Illumio and governs all Switching Requests and Deletion Requests made by Customer pursuant to the EU Data Act. Capitalized terms used but not defined in this Addendum shall have the meanings assigned to them in the Agreement or, if not defined in the Agreement, in the Illumio MSA. THIS ADDENDUM WILL BE DEEMED ACCEPTED UPON CUSTOMER (A) CLICKING A BOX INDICATING ACCEPTANCE OF THE AGREEMENT, (B) EXECUTING AN ORDER FORM THAT REFERENCES THE AGREEMENT, OR (C)USING ANY PRODUCTS.
1. Portability. Customer may export Customer Data at any time during the Subscription Term using the Products’ then existing self-service export functionality.
2. Requests. During any Subscription Term, upon not less than two (2) months advance notice to Illumio (“Notification Period”), Customer may request to: (a) switch a Product and migrate its Customer Data to a different third-party service provider or to Customer managed infrastructure(“Switching Request”); and/or (b) delete the Customer Data from the SaaS(“Deletion Request”). Any such Switching Request and/or Deletion Request must be submitted to [email protected] with cc to [email protected]. Several legal entities may be entitled to purchase or use Products under the Agreement (including without limitation Customer’s Affiliates and Authorized Users) and such entities other than the Customer making the request could therefore be impacted by the Switching Request or Deletion Request. It is Customer's sole responsibility to ensure that it has all rights and permissions concerning the Switching or Deletion Request and the associated Customer Data before exercising any rights under this Addendum.
2.1 Switching Request. Illumio will support Customer’s Switching Request in accordance with the EU Data Act by providing Customer instructions so that Customer may export Customer Data in a commonly used and machine-readable format. Unless Illumio has agreed to provide switching support subject to a separate Order Form, Customer is solely responsible for completing all switching activities. Customer will complete the switching process within thirty (30) calendar days after expiration of the Notification Period (“Switching Period”). Customer may request an extended Switching Period and Illumio will evaluate the request in good faith. Illumio will provide reasonable and timely assistance to Customer during the Switching Period. For the avoidance of any doubt, Illumio retains all Intellectual Property Rights in Illumio Materials.
2.2 Deletion Request. Illumio will support Customer’s Deletion Request, to the extent permitted by applicable law, by deleting Customer Data from the SaaS in accordance with Illumio’s data retention policies. Illumio will provide confirmation of deletion to Customer upon completion.
3. Termination. Where Customer exercises a Switching Request, the related Order Form shall terminate upon Customer notifying Illumio that the switching process was successful. If Customer does not notify Illumio about successful switching, it is deemed that the switching did not occur, and the Order Form will remain in effect. Where Customer exercises a Deletion Request, the relevant Order Form shall terminate upon Illumio notifying Customer of completed deletion.
Any termination will not relieve Customer of its obligation to pay any Fees due for the period prior to the Termination Date. Customer must also pay any outstanding Fees applicable to the remainder of the Subscription Term of the relevant Order Form(s) as an early termination fee. Illumio will not charge switching fees or penalties. No refund will be provided regardless of the reason for switching or deleting Customer Data. Illumio will act with due care to maintain business continuity and continue to provide the Products in accordance with the Agreement until termination is effective. Illumio’s security obligations shall also continue to apply, and it will advise Customer of any known risks that are likely to impact business and service continuity of the Products.
4. Cooperation and Fair Dealings. The parties acknowledge that this Addendum reflects mutual consideration and that the terms contained herein are fair and reasonable. Customer understands that the Fees are based on the agreed license volumes and the committed Subscription Term set forth in the relevant Order Form, as well as the costs incurred by Illumio to enable Customer’s use of the Products. Customer hereby represents that it has no current intention to deviate from the agreed commercial structure set forth in any Order Form. The decision to make a Switching or Deletion Request is in the sole discretion of Customer. Illumio is not responsible for advising Customer on risks associated with switching or deleting activities, including any risk to data integrity.
5. Miscellaneous. Except as otherwise expressly modified by this Addendum, the Agreement shall continue in full force and effect. In the event of any conflict between the terms of this Addendum and the Agreement, the terms of this Addendum will prevail solely with respect to the subject matter herein. This Addendum shall be governed by and construed in accordance with the laws that govern the Agreement. Without prejudice to any terms of the Agreement, any term found to be unfair under the EU Data Act will be void and severed from this Addendum.