AWS · AWS Customer Agreement · View original document ↗

Data Processing and Privacy Addendum Structure

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Document Record

What it is

AWS processes your data only to run the services you use, not for its own marketing or product purposes, and it offers a separate Data Processing Addendum for customers who need it to comply with GDPR or similar laws.

This analysis describes what AWS'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The Data Processing Addendum is a separate document that must be actively executed by customers who process personal data subject to GDPR or similar frameworks; it is not automatically incorporated into the main agreement.

Interpretive note: The specific contractual requirements for GDPR Article 28 compliance depend on the version of the DPA in effect and the nature of the personal data processed; legal review of the current DPA text is required to confirm adequacy.

Consumer impact (what this means for users)

Customers who process personal data of individuals in the EU, UK, or other regulated jurisdictions must execute a separate Data Processing Addendum with AWS to establish the legally required controller-processor relationship. Without this addendum, the customer's data processing activities on AWS may lack the contractual safeguards required by GDPR and similar laws.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Export Your Data
    Navigate to the AWS Data Privacy page to review and execute the Data Processing Addendum applicable to your account if you process personal data subject to GDPR, UK GDPR, or similar frameworks.

How other platforms handle this

Cloudflare Medium

Cloudflare's current Privacy Policy is incorporated into this Agreement by this reference and is located at https://www.cloudflare.com/privacypolicy/. In addition, by using the Services, you acknowledge and agree that internet transmissions are never completely private or secure.

Duo Security Medium

To the extent that Duo processes any Personal Data (as defined in the Duo Privacy Data Sheet) on behalf of Customer in connection with Customer's use of the Services, the terms of the Duo Data Processing Agreement ('DPA'), which are hereby incorporated by reference into this Agreement, shall apply a...

Oura Medium

If you access or use any of Oura's location-based services, such as by enabling GPS-based activity tracking through our Services, Oura may process the approximate or precise location of your device while the service is active. This data may be obtained via your device's service provider network ID, ...

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▸ View Original Clause Language DOCUMENT RECORD
"
The AWS Privacy Notice describes our privacy practices. Each party will comply with applicable data protection laws in connection with the Service Offerings. AWS will process Customer Data only to provide the Service Offerings and related support and not for its own purposes, except as described in the AWS Privacy Notice or as you otherwise consent. AWS offers a Data Processing Addendum for customers who require one for GDPR or other legal compliance purposes.

— Excerpt from AWS's AWS Customer Agreement

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: GDPR Article 28 requires a written contract between data controllers and processors specifying the subject matter, duration, nature, and purpose of processing. AWS's Data Processing Addendum is designed to satisfy this requirement. The EU-US Data Privacy Framework and UK GDPR impose additional transfer mechanism requirements. CCPA's service provider restrictions also apply for California customers processing consumer personal information on AWS. GOVERNANCE EXPOSURE: High for customers with EU, UK, or California personal data obligations who have not executed the DPA. Without the addendum, the contractual basis for GDPR-compliant data processing is absent, potentially exposing the customer to enforcement action by EU supervisory authorities. JURISDICTION FLAGS: EU and UK customers face the greatest exposure if the DPA is not in place. California customers should confirm that AWS is designated as a service provider under their CCPA compliance program. Customers in other jurisdictions with data protection laws such as Brazil's LGPD, Canada's PIPEDA, or India's PDPB should assess whether equivalent contractual protections are in place. CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should confirm that the AWS DPA has been executed and is current before any personal data is processed on AWS infrastructure. The DPA's terms, including sub-processor lists and transfer mechanism schedules, require ongoing monitoring for changes. COMPLIANCE CONSIDERATIONS: Data protection officers and privacy teams should maintain a record of DPA execution dates and versions. Updates to AWS's sub-processor list under the DPA may trigger notification obligations to data protection authorities or individual data subjects in some jurisdictions. Annual reviews of the DPA against current regulatory guidance are recommended.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over privacy and data protection practices of US-based cloud providers and may investigate failures to implement required data processing agreements for consumer data
    File a complaint →
  • State AG
    State Attorneys General, particularly in California, have enforcement authority over failures to maintain required data processing contracts for personal information processed on behalf of consumers
    File a complaint →

Applicable regulations

CCPA/CPRA
California, USA
ePrivacy Directive
European Union
FTC Act Section 5
United States Federal
GDPR
European Union

Provision details

Document information
Document
AWS Customer Agreement
Entity
AWS
Document last updated
May 5, 2026
Tracking information
First tracked
May 8, 2026
Last verified
May 9, 2026
Record ID
CA-P-007748
Document ID
CA-D-00674
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
6d114216458bb84e7194307cffc74be1120fd6e465c1ce76a207512b61effe42
Analysis generated
May 8, 2026 03:04 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: AWS
Document: AWS Customer Agreement
Record ID: CA-P-007748
Captured: 2026-05-08 03:04:08 UTC
SHA-256: 6d114216458bb84e…
URL: https://conductatlas.com/platform/aws/aws-customer-agreement/data-processing-and-privacy-addendum-structure/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does AWS's Data Processing and Privacy Addendum Structure clause do?

The Data Processing Addendum is a separate document that must be actively executed by customers who process personal data subject to GDPR or similar frameworks; it is not automatically incorporated into the main agreement.

How does this clause affect you?

Customers who process personal data of individuals in the EU, UK, or other regulated jurisdictions must execute a separate Data Processing Addendum with AWS to establish the legally required controller-processor relationship. Without this addendum, the customer's data processing activities on AWS may lack the contractual safeguards required by GDPR and similar laws.

Is ConductAtlas affiliated with AWS?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by AWS.