The EU Just Killed Arr
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The EU's Data Act regulation is perceived to 'kill' Annual Recurring Revenue (ARR) for SaaS companies, sparking debate on its impact on businesses and customers.
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This is more healthy and would push more SAAS to focus on Sales not building tricks to force retain customers!
It'll potentially create a situation where customers in the US pay a lot less because they still have that incentive.
I think that's how it's generally been. I don't see how this changes things.
What's customary is forfeiting any discount, then a partial refund with eventual early termination processing fees.
So if you had an annual subscription with a 10% discount which you stop after 3 months, your refund would be what you have paid minus three months at full price plus a token processing fee. It's a very common setup for mobile phone and internet subscriptions here. You generally end up paying roughly the equivalent of one additional month when you cancel which competing providers often actually refund when you switch.
An alternative would be to ask the customer to pay in advance for 3 years. This way both the customer and the producer have an incentive to keep this deal going (if the producer reneges on the deal the consumer can take the producer to court. My reading implies only the consumer can walk away with 2 months notice). But in the world of 6% interest rates who would want to front that much money?
I don't see why not. You can still offer a low price right? You can still promise it won't go up for 3 years. But the customer can now cancel at any time.
I'm sorry to the investors but I'll still prioritize users experience in the saas lifecycle.
https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng
Also there is prepayment in a lot of commitment. When you commit on the cloud such contract your PREPAY compute unit and this is not new.
"Article 25, Contractual terms concerning switching … The rights of the customer and the obligations of the provider of data processing services in relation to switching between providers of such services …"
This explains it in a lot more detail: https://www.dlapiper.com/en-gb/insights/publications/2025/07...
Maybe we need more regulation to require a grace period after a failed payment...
Limiting notice period to two months and forcing you to give customers the possibility to terminate at any time is not killing ARR. It might moderately increase churn but even then, unless you are frankly dishonest, not that much.
You still have ARR when your customer can terminate their contract.
Even yearly discount which the article presents as done for are still a thing with the possibility of early exit. You just put a clause indicating that the discount is forfeited if the customer leave before the end of the contrat. Phone companies do that all the time.
Sure but if you actually have customers paying the annual fee in one go (instead of 12 monthly payments when they can cancel at anytime) the ARR number will be much more reliable. With MRR
12 you're counting people who sign up for a month and quit.If a big proportion of contracts in Y1 get terminated at the end of the 12m period (because, say, the customer forgot to renew) - then the ARR will drop like a rock in Y2.
As an entrepreneur, this is amazing news! This means users can now more easily switch to my superior service.
At least this is how I choose to see it. It seems to encourage healthy competition and I'd rather compete on the service quality and value than the cleverness of my contracts and discounts. I'm sure it will hurt the bottom line of some companies, but I'm not sure it's a bad thing.
https://www.coolblue.nl/en/product/963184/microsoft-365-pers...
https://www.coolblue.nl/en/product/952796/adobe-photoshop-el...
Seems to me these trivially violate just about every condition talked about in this article ... yet it's still for sale with no way to cancel and get your money back. Am I missing something?
In fact this store only sells subscription software. That's the only thing available. Non-cancelable, of course. And there's plenty of technical and bundling barriers to switching.
Have you contacted Microsoft and they rejected your request? EU is not asking SaaS providers to implement a 'Cancel Anytime' button. EU is not banning SaaS providers from selling one-year subscription either.
> this article
You mean this AI slop. The OP's article has very little to do with what EU Data Act is.
A much better article explaining EU Data Act: https://www.twobirds.com/da/insights/2025/the-data-act-what-...
So can I now call Microsoft and get 75% of my Office 365 subscription back?
You say it like that's a bad thing, surely that's fair actually?
This is also too little, too late, as usual in the EU. Extremely large companies have already profited incredibly of of this.
Plus, most provisions are again people, business people, refusing to pay for software. As a software engineer, I can't say I like this idea.
Actually, I expect they'd do that. I actually contacted Adobe support many years ago to complain about the cancel fee, and they did cancel the cancel fee for me.
Most of the monthly subscriptions currently allow you to cancel at any time. And most of the yearly plans are actually "yearly-prepaid", and this isn't affected (per my understanding) by this law. What is actually impacted are plans like the Adobe year plan, where you pay monthly for a service and cannot cancel unless you pay for the amount remaining of the year.
ARR isn't dead, at all. ARR of the current year was always a predicted metric, subject to plenty of factors such as payment refused on peoples cards. Maybe some businesses were not correctly using this metric and now will have to be more careful.
Then, they pivot to something vaguely related that is more fun to talk about.
The distance is never closed, and then you're hit by the ur-slop: "That's not X—its Y" and realize where we're at: it used to be a good idea for SEO to write informative blog entries, then it got outsourced from subject matter experts to marketing, then it got delegated to the interns, then the interns got told to use an LLM. And I love LLMs! Just makes me smile and wish for a new way to run links sites.
I also really don't understand why it is apparently so difficult to teach LLMs not to repeat the same sloppy sentence style multiple times per paragraph...
Then, you've given a discount that wasn't in your interest to provide.
If a company offers a discount (or not) for a longer minimum term contract and you accept then that's just liberty in action as long as the terms are made clear in advance. There is neither a need nor benefit in regulatory intervention, especially considering all the actual issues on Europe's plate...
It's a problem for me and as an EU citizen I'm happy they're taking the time to solve it.
I am an EU citizen, too, and I would like that the EU do not intervene and regulate anything and everything they might think of just for the sake of justifying their jobs...
B2C in Europe has very strong consumer protection laws, so terms must be clear and fair. People can then make their own decisions. B2B has less protection, i.e. you're supposed to be clued-up a minimum to read and understand contracts, but then people can make their own business decisions, too.
a more reflective number is last year revenue + revenue growth rate. and yeah costs / growth of costs.
The specific provisions[1] covering unfair contract terms apply only to "unilateral" contracts, meaning contracts that are offered to a customer who meets two important criteria. First that they attempted to negotiate specific terms in the contract. Second that they had no ability to influence those terms but continued to purchase the service anyways. Real, scaled, committed SaaS ARR isn't going anywhere.
[1] https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng#cpt_IV
So nothing of value was lost.
The regulation[1] explicitly says:
> Nothing in this Regulation prevents a customer from compensating third-party entities for support in the migration process or parties from agreeing on contracts for data processing services of a fixed duration, including proportionate early termination penalties to cover the early termination of such contracts, in accordance with Union or national law.
[1]: https://eur-lex.europa.eu/eli/reg/2023/2854/oj/eng
Yes it’s good for customers, but it’s also good for vendors. They are no longer subject to this arbitrary and destructive pressure from investors, and may see a revenue increase as customers lower the bar for signing up
The right measure of ARR is statistical anyway. Just because a contract lasts for a year in no way establishes the contract as recurring. It has been a very arbitrary standard
Sounds like distopia! /s
https://news.ycombinator.com/item?id=45283887
I feel like this article is thus being overly generous. The EU simply wants consumers to be able to cancel digital products that have no marginal cost anyway, which makes intuitive sense imo.
Choose.
Can't wait for "capitalists" to speak up against this.
Second it's ridiculous. No one is killing ARR. That's absolutely not what EU is doing.
> Boom. Subscription gone. Access revoked. Business workflows broken.
> It’s the equivalent of your electricity being cut off because you didn’t click “confirm payment” on a reminder email.
Not what EU is doing again. At all. What a slop.
Companies have annual whimsical budget cycles, with new innovation initiatives always big easy targets as not cemented yet. This change makes it very easy to yank one of the 3 year commitments... Which would cause layoffs of a third of the startup.