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Jurisdiction(s):
European Union

EU GDPR and cloud computing: controller–processor obligations, sub-processing, international transfers, contracting, enforcement, and conflict of laws (US CLOUD Act, EU Data Act)

Published by a LexisNexis EU Law expert
Practice notes
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In brief

Data protection laws across the EEA (the EU plus Iceland, Norway, and Liechtenstein) aim to ensure information about living individuals—within the scope of ‘personal data’—is handled fairly and responsibly. To achieve this, EEA data protection laws place numerous duties on those ‘processing’ personal data and on those controlling such activity. ‘Processing’ is interpreted broadly and covers most actions involving data, including collecting, storing, deleting, disclosing, or using it. A key safeguard under these laws is the suite of obligations placed on ‘controllers’—generally those deciding the purposes and means of processing—and ‘processors’, who act on a controller’s instructions to process personal data on its behalf. Among other things, EEA data protection laws usually require controllers and processors to enter into contracts with certain minimum terms and to ensure any processor they engage is suitable. In a cloud computing set-up, the end customer commonly acts as controller, with the supplier as its processor. This Practice Note introduces the requirements under EEA data protection laws in the context of business-to-business cloud computing, including software as a service (SaaS)...

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Web page updated on 21/05/2026

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