Key points
- Agree exit terms before signing, while every term is still open to negotiation.
- Under UK GDPR, the contract must say the processor will delete or return all personal data at the clinic's choice at the end, and delete copies unless law requires storage.1
- Under HIPAA, a business associate agreement must require return or destruction of patient information at termination where feasible, and extended protection where it is not.2
- The US export criterion 170.315(b)(10) sets a usable standard anywhere, with a single patient exported at any time without developer help and the whole population in a computable format.4
- wai logs every message, draft, approval and signature for the clinic to export, and signed notes and letters export into any system.56
Summary
Write the exit into the contract before you sign. All data is returned or deleted at the clinic's choice, a full export comes in a documented, computable format on request and at termination, the service stays readable for an agreed window, and deletion is confirmed in writing by a fixed date.
Any future move is calm and complete, with every note, letter and message coming with you. That outcome is agreed on the day you sign, using the terms below.
See it in your clinicThirty minutes on your own patients and doctors.
Request a demoSee a patient's notes, letters and message history exported from wai, and the event log that goes with them.
| Clause | What it should say | Why it matters |
|---|---|---|
| Return or delete | At the clinic's choice, all personal data returned, then copies deleted | Required by UK GDPR Article 28(3)(g) |
| Return or destroy | All patient information returned or destroyed at termination, protections extended where not feasible | Required in a HIPAA business associate agreement |
| Single patient export | Any authorised user can export one patient's full record at any time, without vendor help | Answers patient requests and audits |
| Full population export | Complete export of all records, messages, documents and the audit log at exit | The next system starts with everything |
| Format documentation | Export format documented and the documentation supplied with the files | The next system can read the data |
| Read-only window | Access to look up records for an agreed period after termination | Continuity during the move |
| Exit cost | Export and assistance fees stated now, or none | No surprise bill at notice |
| Deletion certificate | Written confirmation of deletion, including backups, by a fixed date | Closes the data protection file |
| Change of control | Exit terms survive an acquisition or change of product | Protects the clinic in events it does not choose |
Exit is decided at the start
Format, read-only window, cost and deletion date are all easiest to agree in the first negotiation. A written exit plan also turns an acquisition or a product change into an ordinary project.
United Kingdom, return or delete at the clinic's choice
Under Article 28(3)(g) of the UK GDPR, the contract with a vendor processing data for the clinic must say that at the end the processor will, at the controller's choice, delete or return all the personal data it has been processing, and delete existing copies unless UK law requires storage.1 The ICO adds that deletion should be secure, in line with Article 32.1
The choice belongs to the clinic, so ask for return first and deletion second. All the personal data covers messages, any kept audio, attachments and the audit log as well as the notes.
United States, return or destroy, and protect what remains
A HIPAA business associate agreement must require the vendor, at termination and if feasible, to return or destroy all protected health information it still holds in any form and keep no copies.2 Where that is not feasible, the agreement extends its protections to the remaining information and limits its use to the purposes that make return infeasible.2
Ask in writing which information would be treated as infeasible to return, such as backups on a rotation cycle, and the date those copies expire.
The export to ask for, anywhere
Under 45 CFR 170.315(b)(10), a user must be able to export all of a single patient's information at any time without the developer's help, and the vendor must be able to export all information for the whole patient population.4 Each export is electronic and computable, with a publicly accessible link to documentation of its format.4
The rule binds certified record systems in the US, and its standard works as a contract clause in any country. Ask for an export on demand for one patient, a complete export of all patients at exit, and format documentation the next system can read. Formats are covered in our guide to clinical data export formats.
Continuity while the clinic moves
The HIPAA Security Rule requires a contingency plan covering data backup, disaster recovery and emergency mode operation, so critical processes continue when systems fail.3 Plan a vendor exit to the same standard wherever you are.
Agree a read-only window after termination, for example 60 to 90 days, for looking up past notes and invoices. Run a final export in the week before switch-off and open sample records in the new system. The move itself is set out in the switching checklist.
How wai approaches exit
Every message, draft, approval and signature in wai is written to an event log the clinic can export.5 Signed notes and letters export from wai into any system.6 Each subprocessor is named with what it does and the agreement in place, with thirty days notice before anything changes.5
wai hosts each clinic's records in its own country, under that country's rules. We set this up with your clinic.
Where to start
Take the clauses in the table to your next contract and to every renewal, and have them confirmed in the contract or a signed schedule.
Test one export today. Request a single patient's full record from your current system, open it, and check that notes, letters, messages and the audit trail are there. Any gap is the first clause to negotiate.
Ask for our documents and contract terms, export and exit included, before the demo.
Frequently asked questions
Must a vendor give our data back when we leave?
Can an export at exit carry a fee?
It can. Agree the cost before signing, ideally none, and put it in the exit clause.
Which format should the export come in?
A documented, computable format, with structured data for records and the original documents for letters and signed notes. The US certification criterion requires a public link to the format documentation with each export.4
What happens to backups after we leave?
Ask for the backup rotation period and a written confirmation of deletion when it ends. In the US, any copies that cannot be destroyed must stay protected under the agreement.2
Can we export our data from wai?
How long should the old system stay available after we switch?
Long enough to cover lookups during the move, for example 60 to 90 days read-only, agreed in the contract at signing.
Sources
- 1Information Commissioner's OfficeWhat needs to be included in the contractRead 14 October 2026Read source
- 2Electronic Code of Federal Regulations, US Department of Health and Human Services45 CFR 164.504(e), business associate contractsRead 14 October 2026Read source
- 3Electronic Code of Federal Regulations, US Department of Health and Human Services45 CFR 164.308(a)(7), contingency planRead 14 October 2026Read source
- 4Electronic Code of Federal Regulations, Office of the National Coordinator for Health IT45 CFR 170.315(b)(10), electronic health information exportRead 14 October 2026Read source
- 5wai, 2026Security at waiRead 14 October 2026Read source
- 6wai, 2026wai integrationsRead 14 October 2026Read source
Every record comes with you, whenever you choose to move.
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