The full legal commitments about how Amplitude protects personal data under privacy laws like GDPR are in a separate document called the Data Processing Agreement, not in these Terms of Service.
This analysis describes what Amplitude's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Businesses cannot assess Amplitude's data protection obligations from the ToS alone; the DPA is the operative document for GDPR and privacy law compliance, and it must be reviewed separately.
The most important data protection commitments, including Amplitude's obligations as a data processor, sub-processor management, breach notification timelines, and data transfer mechanisms, are governed by the DPA rather than this ToS. Reviewing only the ToS gives an incomplete picture of Amplitude's data protection obligations.
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"To the extent Customer's use of the Services involves the processing of personal data subject to applicable data protection laws (including GDPR), the parties agree to be bound by the Data Processing Agreement ('DPA') available at https://amplitude.com/dpa, which is incorporated herein by reference.— Excerpt from Amplitude's Amplitude Terms of Service
(1) REGULATORY LANDSCAPE: This provision directly engages GDPR Articles 28 and 46, which require a written contract between controllers and processors and lawful transfer mechanisms for international data transfers. The CCPA and CPRA also require service provider agreements to include specific data use restrictions. The relevant enforcement authorities are EU supervisory authorities and the California Privacy Protection Agency. The adequacy of the DPA must be assessed independently against these regulatory requirements. (2) GOVERNANCE EXPOSURE: High for EU/EEA customers and California customers. The incorporation by reference means that changes to the DPA (which Amplitude may update independently) could affect the Customer's compliance posture without requiring a new ToS signature. Governance teams should establish a process for monitoring DPA updates. (3) JURISDICTION FLAGS: EU/EEA customers must confirm the DPA includes Standard Contractual Clauses or relies on an alternative transfer mechanism where Customer Data is processed outside the EEA, including in the United States. UK customers should confirm the DPA includes the UK International Data Transfer Addendum. California customers should confirm the DPA includes CPRA service provider restrictions. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams must obtain, review, and execute the DPA as a prerequisite to deploying Amplitude in any context involving personal data. The DPA's sub-processor list, audit rights, breach notification timelines, and data deletion commitments are critical due diligence items that are not addressed in the ToS. Updates to the DPA should be monitored and assessed for compliance impact. (5) COMPLIANCE CONSIDERATIONS: Legal and compliance teams should maintain a signed or acknowledged copy of the Amplitude DPA and track its version history. Data protection impact assessments (DPIAs) for high-risk processing activities using Amplitude should reference the DPA's provisions. Any cross-border data transfer analysis should be based on the DPA's transfer mechanisms, not the ToS.
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Businesses cannot assess Amplitude's data protection obligations from the ToS alone; the DPA is the operative document for GDPR and privacy law compliance, and it must be reviewed separately.
The most important data protection commitments, including Amplitude's obligations as a data processor, sub-processor management, breach notification timelines, and data transfer mechanisms, are governed by the DPA rather than this ToS. Reviewing only the ToS gives an incomplete picture of Amplitude's data protection obligations.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Amplitude.