Expert knowledge for digital decisions
Are training, documentation, and data migration included in the price?
Short answer
The three items are very different
Data Migration
The most commonly underestimated item. The technical import is rarely the problem — the work lies in field mapping, duplicate removal, and the decision of which legacy data to carry over.
A clean dataset from a system with a documented interface can be transferred in days. Tables that have grown over fifteen years with inconsistent spellings can take weeks. Because the effort depends on the condition of your data and not on the service provider's capabilities, it is almost never offered as a flat rate — and a fixed price for it without prior inspection of the data should make you suspicious.
Two points are involved:
- Data Minimization. A move is the best opportunity to implement Art. 5 para. 1 lit. c and lit. e GDPR: only carry over what is still needed, and technically represent deletion deadlines in the new system.
- Advertising Consents. They must be transferred along with proof. Without proof, the contact cannot be further advertised.
Documentation
Here there are two completely different things:
| Type | For whom | Usually |
|---|---|---|
| User Documentation | Users | Part of the work |
| Operational Documentation | IT Operations, Hosting | usually part of the work |
| Technical Documentation, Architecture | Developers | only by agreement |
| Source Code with Comments | Your successor service provider | only by explicit arrangement |
The rule is simple: What you need to use the system is regularly owed. What you need to switch service providers is not — unless it is stated in the contract.
Training
An introduction for key personnel is part of the implementation for most providers. Training for entire departments, training materials, videos, or recurring refreshers are separate services.
A practical middle ground has proven effective: The service provider thoroughly trains four to six people, who then continue training internally. This is cheaper and works better because internal multipliers know their own processes.
What is legally applicable if nothing is agreed upon
According to § 632 para. 1 BGB, compensation is considered tacitly agreed upon if the creation of the work can only be expected against compensation under the circumstances. If the amount is not determined, the usual compensation is considered agreed upon according to § 632 para. 2 BGB.
This means for you: Additional services that no one has mentioned are not automatically free. And for the service provider: They cannot charge them at a desired price, but only at the usual rate. Both sides are better off if it is stated in the offer beforehand.
The four questions that belong in every offer
- How many records from which sources are included in the migration, and what happens if there are more?
- How many training days for how many people, and what does an additional one cost?
- What documentation will be provided — user, operational, or technical documentation?
- Who bears the effort for data cleansing, and to what extent?
The honest note
An offer stating "migration, documentation, and training included" without specifying quantity and scope is not an advantage but an indefinite promise. It either leads to a discussion about additional costs or to a service that barely meets the necessary requirements. Exact quantities with clearly stated prices per unit are a more reliable basis for both sides.
Key facts
- Legal Basis
- Without a price agreement, the usual compensation is considered agreed upon according to § 632 para. 1 and 2 BGB — additional services are not automatically free.
- Principle
- User and operational documentation are regularly part of the work; technical documentation and commented source code only by explicit agreement.
- Price
- The migration effort depends on the condition of the legacy data; a fixed price without prior data inspection is a warning sign.
- Principle
- Advertising consents must be transferred along with proof; without proof, further advertising is not allowed.
- Legal Basis
- Data minimization and deletion deadlines according to Art. 5 para. 1 lit. c and lit. e GDPR can be implemented most cost-effectively during the move.
Sources
All external claims are backed by traceable sources.-
01
§ 632 BGB – Vergütung Bundesministerium der Justiz
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02
Verordnung (EU) 2016/679 (DSGVO) EUR-Lex