Data Portability on Exit
Also called: Data Return Clause · Data Export on Termination
A data portability clause governs what happens to a customer's data when a contract ends — whether it's returned, exported in a usable format, or deleted, and within what timeframe. Without it, a customer can be left unable to retrieve their own data after switching providers.
In more detail
This clause is what stands between a customer and vendor lock-in at the exact moment they most need flexibility — leaving a provider. A vendor with no obligation to return data can make switching costly or practically impossible, regardless of how easy the contract made it to sign up.
The format matters as much as the right itself — a right to "receive your data" that only produces an unusable raw database dump is far weaker than one that specifies a structured, commonly-usable export format.
Retention and deletion obligations run alongside portability — after data is exported, the clause should also specify how long the former provider retains a copy and when it's permanently deleted, which connects directly to the contract's data protection commitments.
A SaaS contract requires the vendor to make all customer data available for export in a structured, machine-readable format within 30 days of termination, and to permanently delete its copies within 90 days thereafter.
What our lawyers check
- Whether a data export right exists, and in what format
- The timeline for providing the export after termination is requested
- What happens to the vendor's retained copies after export — retention period and deletion
- Whether this obligation survives termination even if fees are disputed
Contracts where this clause matters
Related terms
This definition is general information about commercial contracting practice, not legal advice. How a clause operates depends on the specific wording of your agreement and the law that governs it. For advice on your contract, have it reviewed by a lawyer.
All glossary terms