EU customers who request to switch to a different provider before January 2027 may be charged a flat fee of EUR 1,000 plus EUR 180 for each hour Mistral AI spends supporting the switch.
This analysis describes what Mistral AI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The EU Data Act allows cloud providers to charge reduced switching fees during a transitional period ending January 12, 2027; this clause operationalizes that permission, and customers should be aware of potential costs when planning a provider switch.
EU commercial customers initiating a provider switch before January 12, 2027 may incur a fixed fee of EUR 1,000 plus hourly charges of EUR 180, which could represent a meaningful cost for organizations with complex data migrations.
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"For each Switching Request made before 12 January 2027, Mistral AI may charge the Customer a fixed fee of EUR 1,000 (excl. Taxes), plus an hourly fee of EUR 180 (excl. Taxes) for the time directly spent by Mistral AI in providing Switching services, calculated based on the actual time incurred and rounded up or down to the nearest full hour, as applicable.— Excerpt from Mistral AI's Mistral AI Additional Product Terms
REGULATORY LANDSCAPE: This provision is explicitly grounded in the EU Data Act (Regulation EU 2023/2854), which permits cloud service providers to charge reduced switching fees during a transitional period. The European Commission and national competent authorities under the Data Act have oversight responsibility. The fee structure must comply with the Data Act's requirements for fee transparency and proportionality. GOVERNANCE EXPOSURE: Medium. The fee applies per Switching Request and is open-ended in total cost given the hourly component. For organizations with large or complex deployments, the EUR 180 per hour charge could accumulate significantly during a multi-week transitional period, creating a financial barrier to switching that may warrant evaluation under the Data Act's anti-lock-in objectives. JURISDICTION FLAGS: This provision applies exclusively to EU customers subject to the EU Data Act, effective for agreements entered into on or after September 12, 2025. Non-EU customers are not covered by this switching framework. The provision does not apply to agreements terminated for customer breach. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess the total potential switching cost at contract entry, particularly for large deployments. The two-month notice requirement before initiating a switch should be incorporated into exit planning and vendor transition timelines. The document reserves Mistral AI's right to propose alternative transitional periods of up to seven months, which could extend the period during which fees accrue. COMPLIANCE CONSIDERATIONS: Legal teams should verify whether the fee structure satisfies EU Data Act proportionality and transparency requirements. Organizations should document switching costs at contract signature and include exit cost estimates in vendor risk assessments. EU procurement policies may require pre-approval of potential switching fees above defined thresholds.
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The EU Data Act allows cloud providers to charge reduced switching fees during a transitional period ending January 12, 2027; this clause operationalizes that permission, and customers should be aware of potential costs when planning a provider switch.
EU commercial customers initiating a provider switch before January 12, 2027 may incur a fixed fee of EUR 1,000 plus hourly charges of EUR 180, which could represent a meaningful cost for organizations with complex data migrations.
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