Provision record
AWS · AWS Customer Agreement · View original document ↗

Data Processing and Privacy

Medium severity Medium confidence Explicit document language Common · 290 of 352 platforms
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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.

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

Square Medium

to request that your data be transferred to a third party (data portability)

Google Cloud Medium

Your organization may allow you to access and export your data in order to back it up or transfer it to a service outside of Google.

See all platforms with this clause type →
▸ 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 Customer Agreement

ConductAtlas Analysis

Institutional analysis (regulatory & 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).

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • Department Of Health & Human Services, Office For Civil Rights (hhs Ocr)
    Enforces HIPAA Privacy and Security Rules, which protect health information held by healthcare providers, health plans, and their business associates.
    Who can file: Anyone whose HIPAA rights may have been violated by a covered entity (healthcare provider, health plan, or healthcare clearinghouse)
    What you need: Name of the entity, description of the violation, date of the incident, and your contact information. Must file within 180 days of the violation.
    What to expect: HHS OCR investigates and may require the entity to take corrective action. Does not provide individual compensation. Serious violations can result in civil monetary penalties.
    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/provision/CA-P-013188/data-processing-and-privacy/
Accessed: Sept. 20, 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 290 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.