Additional Terms Relating to Regulation (EU) 2023/2854
These terms are in addition to your Apple Business Agreement and/or your Apple School Manager Agreement, as applicable (“Agreement”), and apply to the switching process of the Institution’s Relevant Data (defined below) to a service offered by a third-party service provider, covering the same service type of the Service, or to the Institution’s on-premises ICT infrastructure (“Switching Process”) as further set forth below. These additional terms are available only to Institutions that are located in a country in the European Union (EU). For the avoidance of doubt, Institution is free to switch to a service offered by a third-party service provider or to the Institution’s ICT infrastructure, on its own responsibility, without following the Switching Process, provided this is done in compliance with the Agreement.
Notice
Institution shall initiate the Switching Process by sending Apple a notice (“Notice”), observing a two (2) month notice period (“Notice Period”). The Notice shall be sent to eudataswitchingrequest@apple.com. In the Notice, the Institution shall inform Apple whether it intends: (a) to switch to a third-party provider; in this case the Institution should provide necessary details of the third-party provider; (b) to switch to an on-premises ICT infrastructure of the Institution; or (c) not to switch but only erase the Institution’s relevant data, as further specified in the Online Register (“Relevant Data”).
The online register set forth below (“Online Register”) provides a list of the Relevant Data that can be ported by the Institution during the Switching Process.
Transitional Period
This Switching Process will occur without undue delay after receipt of the Notice, and in any event within a transitional period of thirty (30) days following the end of the Notice Period (“Transitional Period”). Where the Transitional Period of thirty (30) days is technically unfeasible, Apple will: (a) notify the Institution within fourteen (14) working days after receiving the Notice; (b) give proper justification for the technical unfeasibility; and (c) indicate an alternative period, which must not exceed seven months from the date of the Institution’s Notice. The Institution shall confirm the receipt of such extension notice within three (3) working days. The Institution may extend the Transitional Period once, for a period the Institution considers more appropriate for its own purpose, for no longer than three (3) months.
Obligations During Notice Period and Transition Period
Apple will do the following during the Notice Period and Transitional Period: (a) provide reasonable assistance to the Institution and third parties authorized by the Institution for the Switching Process; (b) act with due care to maintain business continuity and continue to provide the Service under the Agreement; (c) provide clear information concerning known risks to continuity in the provision of the Service; and (d) maintain the same level of security in the provision of the Service throughout the Switching Process, in particular for the security of Personal Data during their transfer. Apple supports the Institution’s exit strategy relevant to the Service, including by providing all relevant information. The Institution shall take all reasonable measures to enable an effective Switching Process. This means, for example, that the Institution is responsible for importing and implementing its Relevant Data into its own systems or those of the destination provider.
Retrieval Period and Erasure
Institution must retrieve or remove Relevant Data from the Services within thirty (30) days from the end of the Transitional Period, or a different period agreed with Apple. After such period, and if the Switching Process has been completed successfully but you have not removed your Relevant Data, Apple will make all Relevant Data generated by you or related to you directly inaccessible, except for the Relevant Data which Apple is obligated to retain under mandatory EU or EU Member States laws as long as Apple notifies you, if allowed by the law, what Relevant Data it will retain, for how long and on what grounds.
Continued Use of the Service
For the avoidance of doubt, Institution is not obligated to continue using the iCloud portion of the Service upon (a) successful completion of the Switching Process, or (b) at the end of the maximum Notice Period, where Institution notifies Apple in writing that it do not wish to switch but to erase its Relevant Data.
Jurisdiction of ICT infrastructure
Our ICT infrastructure used to provide the iCloud portion of the Services are subject to the jurisdictions of countries in the European Union, and the United States of America (USA). Data is encrypted in transit and stored in an encrypted format at rest, and the encryption keys are secured in Apple-owned data centers in the USA.
International Governmental Access to, or Transfer of, Certain Non-Personal Data
Apple maintains technical, organizational, and legal measures designed to control access to non-personal data held in the EU, including processes to review governmental requests for access to such data. These measures include, for example, where relevant, an assessment of the relevant rights and obligations of the Apple entity or entities responsible for such data, the validity of such request, and legal options available to contest such requests, in particular where governmental access would create a conflict with EU law or the law of an EU Member State.
Online Register
Apple provides below a list of Relevant Data that can be ported by the Institution during the Switching Process. Relevant Data will be available in the following formats:
Documents, photos and videos in their original format
Contacts, Calendars, bookmarks in .vcf, .ics, .html, and .eml format
Other data in .csv format
If you need help understanding details in your data files, please refer to the file guides that describe the types of data included in the individual files, available here: https://privacy.apple.com/file-guides.
File category | Data types |
|---|---|
iCloud Drive files and documents | Shared Information; Subscribed Information |
iCloud Photos | Album Info; Favorites; Hidden; Memories; Photo Details; Subscribed Albums |
iCloud Notes | Subscribed Notes Information |
iCloud Bookmarks and Reading List | Bookmarks; Recently Deleted |
iCloud Calendars and Reminders | Preferences; Reminders |
iCloud Contacts | Contacts |
Other data | Contacts iCloud Usage Data; Calendar and Reminders iCloud Usage data; Safari iCloud Usage Data; iCloud Usage Data; iCloud Drive Usage Data; Photos iCloud Usage Data; Other iCloud Usage Data; Notes iCloud Usage Data |