AWS · AWS Customer Agreement · View original document ↗

Data Processing and Privacy

Medium severity Medium confidence Explicitdocumentlanguage Rare · 5 of 343 platforms
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Recent governance activity AWS recorded 3 documented changes in the last 30 days.
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Document Record

What it is

The agreement states that AWS handles customer content in accordance with the AWS Privacy Notice, that customers retain ownership of their content, and that AWS will access or use customer content only as necessary to provide and maintain services or as otherwise agreed in writing. Customers consent to AWS's collection, use, and processing of their content by accepting the agreement.

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)

This provision establishes both the data ownership framework (customer retains content ownership) and the permitted scope of AWS's access to customer content (limited to service provision and maintenance). For customers processing personal data on AWS, this provision works in conjunction with the separately available Data Processing Addendum, which governs GDPR and equivalent regulatory obligations.

Interpretive note: The broad consent language for AWS to collect, use, and process customer content may interact with GDPR's specific lawful basis requirements in ways that depend on the categories of personal data involved and the applicable DPA terms; the main agreement alone is not a complete statement of data processing obligations for regulated data.

Change history

added Jun 2, 2026

This revised provision clarifies customer ownership of content while obtaining explicit consent for collection and processing, and limits AWS's use to service provision and written agreements only.

View full change record →
removed Jun 2, 2026

Removal of explicit reference to Data Processing Addendum availability and GDPR compliance specificity eliminates clear guidance on obtaining a DPA for regulatory compliance.

View full change record →

Consumer impact (what this means for users)

The agreement establishes that customers own their content hosted on AWS but consent to AWS collecting, using, and processing that content for service provision purposes. The full scope of data handling practices is governed by the AWS Privacy Notice and, for personal data subject to GDPR or equivalent regulations, the separately available Data Processing Addendum.

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
    Execute the AWS Data Processing Addendum by accessing the AWS Agreement page at https://aws.amazon.com/agreement/ and following the applicable addendum execution process. For HIPAA-covered entities, separately execute the Business Associate Addendum through the same page.

How other platforms handle this

Ledger Medium

At Ledger, earning and maintaining our users' trust is a top priority. That's why we are deeply committed not only to protecting your privacy and securing your personal data, but also to being fully transparent about how we handle it.

Garmin Medium

If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to access, correct, or erase your personal data; the right to restrict or object to our processing of your personal data; the right to data portability; and, where our processing is based on your...

Strava Medium

We use information to enhance the quality, reliability, and/or accuracy of our AI Features by creating, developing, training, testing, improving, and maintaining AI and ML models run by Strava or our service providers. We use aggregated, de-identified data for this purpose. We also use personal info...

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
AWS will handle Your Content in accordance with the AWS Privacy Notice. As between you and AWS, you own all right, title and interest in and to Your Content. You consent to our collection, use, and processing of Your Content. AWS will not access or use Your Content except as necessary to provide and maintain the Service Offerings, or as otherwise expressly agreed to in writing.

— Excerpt from AWS's AWS Customer Agreement

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: The data processing provision interacts directly with GDPR (where customer content includes EU/EEA personal data), CCPA (where California residents' personal information is processed), and HIPAA (where electronic protected health information is involved). The provision's broad consent language for AWS to collect, use, and process customer content requires evaluation against GDPR's lawful basis requirements for processing, as consent under a commercial agreement may not satisfy GDPR's consent standard for all processing purposes. The AWS Data Processing Addendum (available at https://aws.amazon.com/agreement/) provides GDPR-specific controller-processor obligations and should be reviewed alongside this provision. (2) GOVERNANCE EXPOSURE: Medium. The interaction between the broad consent clause in the main agreement and the more detailed GDPR-specific obligations in the DPA requires careful analysis for EU/EEA customers. For US customers without GDPR obligations, the customer content ownership provision combined with the service-limited access scope is operationally significant but generally consistent with standard cloud practices. (3) JURISDICTION FLAGS: EU/EEA customers must execute the AWS DPA to ensure GDPR compliance; the main agreement's consent mechanism alone is not sufficient for GDPR compliance. California customers processing California residents' data should assess whether the Privacy Notice and DPA terms satisfy CCPA obligations, including data subject rights and sale/sharing restrictions. HIPAA-covered entities must execute the AWS Business Associate Addendum. (4) CONTRACT AND VENDOR IMPLICATIONS: Data mapping exercises should document all categories of customer content processed on AWS, the applicable legal basis for processing, and the addenda executed to govern that processing. Vendor assessments should confirm that the appropriate DPA and BAA versions are current and executed. Downstream customer agreements that reference AWS as a sub-processor should be updated to reflect the AWS DPA's sub-processor notification mechanisms. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should ensure that the AWS DPA and BAA are executed before processing regulated personal data or PHI. The Privacy Notice should be reviewed periodically for changes that may affect the lawful basis for processing or data subject rights disclosures. Data transfer mechanisms for EU/EEA to US data flows should be confirmed as current, as the DPA's standard contractual clauses or equivalent mechanisms must remain valid.

Full compliance analysis

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

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Applicable agencies

  • FTC
    The FTC has jurisdiction over data privacy and security practices affecting US consumers and businesses, including the adequacy of data processing disclosures and consent mechanisms
    File a complaint →
  • Hhs Ocr
    HHS Office for Civil Rights enforces HIPAA, which applies to AWS customers who are covered entities or business associates processing electronic protected health information on AWS services
    File a complaint →

Applicable regulations

CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
FTC Act Section 5
United States Federal
GDPR
European Union
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
AWS Customer Agreement
Entity
AWS
Document last updated
May 5, 2026
Tracking information
First tracked
May 21, 2026
Last verified
May 21, 2026
Record ID
CA-P-013188
Document ID
CA-D-00674
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
d47cdab1b87d6e2d7a3e281b188bf79b9a58fa27aa15d164d0db5f091f4e9d80
Analysis generated
May 21, 2026 05:59 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: AWS
Document: AWS Customer Agreement
Record ID: CA-P-013188
Captured: 2026-05-21 05:59:50 UTC
SHA-256: d47cdab1b87d6e2d…
URL: https://conductatlas.com/platform/aws/aws-customer-agreement/data-processing-and-privacy/
Accessed: June 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

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

This provision establishes both the data ownership framework (customer retains content ownership) and the permitted scope of AWS's access to customer content (limited to service provision and maintenance). For customers processing personal data on AWS, this provision works in conjunction with the separately available Data Processing Addendum, which governs GDPR and equivalent regulatory obligations.

How does this clause affect you?

The agreement establishes that customers own their content hosted on AWS but consent to AWS collecting, using, and processing that content for service provision purposes. The full scope of data handling practices is governed by the AWS Privacy Notice and, for personal data subject to GDPR or equivalent regulations, the separately available Data Processing Addendum.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 5 platforms. See the full comparison.

Is ConductAtlas affiliated with AWS?

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