Can European users and customers of Webflow rely on standard privacy clauses when using Webflow and hosting websites through Webflow, and can these rights also be asserted against subcontractors like AWS and Fastly? Additionally, does Webflow plan to establish an EU-based subsidiary and develop an on-premise solution or restrict hosting to EU servers for users who prefer it?
TL;DR
- Webflow users in Europe rely on Standard Contractual Clauses (SCCs) for data transfers, though compliance with EU privacy laws remains a concern.
- Users have a direct legal relationship with Webflow, but cannot enforce rights directly against subcontractors like AWS and Fastly.
- Webflow has no current plans for an EU-based subsidiary, EU-only hosting, or on-premise solutions, though demand for data sovereignty may influence future decisions.
European users of Webflow can rely on Standard Contractual Clauses (SCCs) for data transfers between the EU and the US. However, there are important limitations and considerations when asserting these rights against subcontractors like AWS and Fastly that Webflow uses for hosting and content delivery.
1. Reliance on Standard Contractual Clauses (SCCs)
- Webflow includes SCCs in its Data Processing Addendum (DPA) to ensure compliance with GDPR when transferring data outside the EU.
- These clauses provide a legal framework for EU-US data transfers, but they do not guarantee full compliance with EU privacy laws due to concerns about US surveillance laws.
2. Assertion of Rights Against Subcontractors (AWS, Fastly)
- Webflow remains the contractual data processor, meaning users have a direct legal relationship only with Webflow, not with its subcontractors.
- When Webflow engages AWS or Fastly, Webflow must ensure these processors comply with GDPR under its DPA.
- Direct enforcement against AWS or Fastly is not usually possible unless they explicitly provide a contractual mechanism for it.
3. Plans for an EU-Based Subsidiary or EU-Only Hosting
- As of now, Webflow has not announced any plans to establish an EU-based company or offer on-premise solutions.
- There is no official confirmation on restricting hosting to EU servers, though demand from European users for data sovereignty might influence future decisions.
Summary
Webflow users in Europe can rely on Standard Contractual Clauses (SCCs) for data transfers, but enforcement against subcontractors like AWS and Fastly is limited. Webflow has not announced a dedicated EU subsidiary, EU-only hosting, or an on-premise solution, but these concerns continue to be relevant under GDPR compliance discussions.