Why storage location matters
The GDPR sets strict requirements for transferring personal data to countries outside the EU. When you use software that stores data on servers in the United States, India, or another non-EU country, additional rules apply.
This doesn’t mean you can’t use those tools. But you need to know where the data is stored and document what safeguards are in place.
How to find out where your data is stored
Most software vendors publish their storage location. Here’s where to look:
1. The data processing agreement (DPA)
If you have a DPA with the vendor, it almost always states in which region data is processed. Major vendors like Google, Microsoft, and Amazon publish their DPA on their website.
2. The vendor’s privacy policy
Under headings like “Data transfers” or “International data transfers,” you’ll typically find whether data leaves the EU and what safeguards apply.
3. Direct contact
If you can’t find it, email the vendor asking: “Is the personal data we process through your service stored on servers within the EU?” Most vendors are required to give you a clear answer.
What if data is stored outside the EU?
That’s fine as long as appropriate safeguards are in place. The most common safeguard is Standard Contractual Clauses (SCCs), a set of standard contract terms approved by the European Commission. Major cloud vendors have already incorporated these into their terms.
Additionally, some countries have an adequacy decision. The European Commission has determined that these countries provide a comparable level of protection. Transferring data to those countries is permitted without extra safeguards.
Recording it in GDPRWise
In your third-party dossier, you can specify per party:
- Whether data is stored inside or outside the EU
- In which country the servers are located
- Which safeguard applies (SCCs, adequacy decision, or other)
GDPRWise warns you if you add a party without a storage location, so you won’t forget to fill it in.
Practical rules of thumb
- European vendors usually store data in the EU, but verify to be sure
- American vendors often process data (also) in the US, but typically offer SCCs
- Not sure? Document your uncertainty and contact the vendor. Honesty in your dossier is always better than an assumption
GDPRWise helps you record per vendor which data you share, where it is stored, and which safeguards apply.