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Ask HN: Do I have to host all data in the EU to comply with GDPR?

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Ask HN: Do I have to host all data in the EU to comply with GDPR?

#1
Hi HN,

I've had some EU-based potential customers ask whether I could host their data separately on EU located servers.

I've been Googling around to get a definitive answer as to whether this is an absolute requirement or whether there is an easier way around it.

For reference, my current setup includes servers in US, a database on Google Cloud and a cloud-based ElasticSearch instance.

Any insight or experience with this would be greatly appreciated!

Re: Ask HN: Do I have to host all data in the EU to comply with GDPR?

#2
IANAL.

It is not an absolute requirement. It is often preferred from EU-based customers to store their data in EU-based data centers because then that data is subject to EU law, which can make things easier for your customers with their own legal compliance.

edit because I was incorrect It is a requirement for EU users for their data to be subject to GDPR. It is not a requirement to store that data in the EU to be compliant with the law.

Re: Ask HN: Do I have to host all data in the EU to comply with GDPR?

#3
IANAL.

You can store them outside the EU and/or with US companies, but that provider/country needs to provide the same level of data protection as they would have in the EU.

Practically, this excludes anything related to the US due to the CLOUD Act.

They've tried making this whole with the Safe Harbor and later Privacy Shield framework, but that was overturned by the European Court of Justice.

Re: Ask HN: Do I have to host all data in the EU to comply with GDPR?

#4
IANAL - but no, you definitely don't. What you do need to have in place is safeguards that any data on EU customers not hosted in the EU/EEA is subject to the same safeguards/level of protection outside the EU that it would be inside the EU. There are "standard contractual clauses" (SCCs) provided by the EU which are the easiest thing to adopt as part of (or an appendix to) your terms of service. However there is doubt that it's possible for a US-based firm to comply with the SCCs due to some US national security laws, which you probably do need a lawyer to review based on your specific context (data you're collecting, etc)

Re: Ask HN: Do I have to host all data in the EU to comply with GDPR?

#6
IANAL, but you will need to get opt-in permission from EU users to transfer their data outside of the EU unless you can apply standard contractual clauses (SCCs) or get an EU representative.

Source: https://gdpr-info.eu/art-44-gdpr/

Example of an EU rep for hire: https://edpo.com/

Re: Ask HN: Do I have to host all data in the EU to comply with GDPR?

#7
We are in the same case. Our servers are in the US hosted by gcloud, from what I could find, until the end of the year at least, it is not mandatory to have your servers in EU as long as there are some additional securities (source : https://ec.europa.eu/info/law/law-topic/data-protection/inte...) But our client keep asking for the servers to be in Europe anyway

Re: Ask HN: Do I have to host all data in the EU to comply with GDPR?

#9

IANAL - but no, you definitely don't. What you do need to have in place is safeguards that any data on EU customers not hosted in the EU/EEA is subject to the same safeguards/level of protection outside the EU that it would be inside the EU. There are "standard contractual clauses" (SCCs) provided by the EU which are the easiest thing to adopt as part of (or an appendix to) your terms of service. However there is dou…

I wonder what the case precedents look like around things like telemetry and BI data.

I've working for someone who has had a hard time expanding outside of NA, so it feels like I'm living on a mountaintop, and I'm still not clear on what data can live say in a central accounts database.

Sharding is a solution whose scope has been diminished substantially by consistent hashing, but with all of these provenance laws it sounds like we need something that is a hybrid of the two. Irish users' data can be stored in Ireland, Germany, Greece, and Spain, but if they're sitting in a hotel room in Chicago realizing that when people said, "it's cold in Chicago in the winter" they meant, "don't go to Chicago in the winter," not, "pack your scarf and wool socks", and so they're complaining to their friends online instead of going to MoMA in the sludge, we can't pull their user data from Ontario, we have so schlep all the way back to Cork or Brest to get their account information. Which means you have some sort of hashing of shards or shards of hashing...

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