The notice states that in business sale, acquisition, or asset transfer transactions, personal information is treated as a transferred business asset, subject to the commitments in the pre-existing Privacy Notice unless the individual consents to different terms.
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
This provision establishes that personal information may be transferred to a new entity in the event of an acquisition or business sale, with the stated commitment that prior notice promises remain binding. The practical enforceability of pre-existing privacy commitments against an acquiring entity depends on the transaction structure and applicable law.
Interpretive note: The enforceability of pre-existing privacy commitments against a successor entity in a business transfer depends on transaction structure, jurisdiction, and applicable regulatory guidance, and cannot be determined from the notice text alone.
Under this provision, personal information collected under this notice may transfer to an acquiring entity in a business transaction. The agreement states that such information remains subject to the terms of the pre-existing Privacy Notice unless the individual separately consents to different treatment.
Cross-platform context
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Compare across platforms →"As we continue to develop our business, we might sell or buy businesses or services. In such transactions, personal information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the individual consents otherwise). Also, in the unlikely event that AWS or substantially all of its assets are acquired, your information will of course be one of the transferred assets.Excerpt from AWS's Privacy Notice
REGULATORY LANDSCAPE: Business transfer provisions for personal data implicate FTC guidance on successor liability for privacy promises, which has historically held acquiring entities to the privacy commitments of acquired companies.
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This provision establishes that personal information may be transferred to a new entity in the event of an acquisition or business sale, with the stated commitment that prior notice promises remain binding. The practical enforceability of pre-existing privacy commitments against an acquiring entity depends on the transaction structure and applicable law.
Under this provision, personal information collected under this notice may transfer to an acquiring entity in a business transaction. The agreement states that such information remains subject to the terms of the pre-existing Privacy Notice unless the individual separately consents to different treatment.
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