Checkout.com · Checkout.com Privacy · View original document ↗

Dual Controller and Processor Status

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Document Record

What it is

Checkout.com acts as the responsible party for data it collects about merchants directly, but when processing payment data on behalf of merchants, it acts under the merchant's instructions, meaning the merchant bears primary responsibility for cardholder data rights.

This analysis describes what Checkout.com'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 distinction determines who is legally accountable for cardholder data rights requests: if a cardholder wants to exercise GDPR rights over their payment data, they may need to contact the merchant rather than Checkout.com directly for certain processing activities.

Consumer impact (what this means for users)

Cardholders whose payment data is processed through Checkout.com may find that their data rights requests need to be directed to the merchant, not Checkout.com, because Checkout.com is acting as a processor in those contexts and the merchant is the data controller.

How other platforms handle this

Egnyte Medium

Egnyte is a data controller with respect to personal data it collects from visitors to its website and through its marketing activities. Egnyte acts as a data processor with respect to the content and data that customers store within the Egnyte platform. In that capacity, Egnyte processes data on be...

Workday Medium

At Workday, we believe privacy is a fundamental right, regardless of where you live. When you connect with Workday, we understand you are trusting us to handle your personal information appropriately. That is why we are committed to transparency about how we collect, use, and share that information.

Squarespace Medium

When you visit a website built on Squarespace, Squarespace acts as a service provider or data processor, meaning that we process your information on behalf of the website owner. In this case, the website owner is responsible for the information they collect through their website and you should conta...

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▸ View Original Clause Language DOCUMENT RECORD
"
Checkout.com acts as a data controller in respect of personal data that we collect about merchants and their representatives, and as a data processor when we process personal data on behalf of our merchant clients in connection with the payment services we provide to them.

— Excerpt from Checkout.com's Checkout.com Privacy

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

1. REGULATORY LANDSCAPE: This provision directly engages GDPR Articles 4, 26, 28, and 29, which define the responsibilities of controllers and processors and require written data processing agreements. UK GDPR contains equivalent provisions. The ICO and EU national supervisory authorities are the primary enforcement bodies. Failure to have compliant data processing agreements in place between Checkout.com and its merchant clients creates regulatory exposure for both parties. 2. GOVERNANCE EXPOSURE: High. The controller/processor distinction has significant compliance implications for merchant clients, who must ensure their own privacy notices disclose Checkout.com's processing role and that GDPR-compliant data processing agreements (DPAs) are executed. Merchants who fail to implement this structure are exposed to supervisory authority enforcement. 3. JURISDICTION FLAGS: EU and UK merchants face the highest exposure given mandatory DPA requirements under GDPR Article 28. US merchants serving EU/UK customers must also comply. The structure also creates complexity for merchants in multiple jurisdictions who may be subject to different controller/processor accountability frameworks. 4. CONTRACT AND VENDOR IMPLICATIONS: Merchants should confirm that executed DPAs with Checkout.com are in place and that those agreements specify processing purposes, data categories, retention periods, subprocessor lists, and audit rights as required under GDPR Article 28(3). The policy's assertion of processor status for cardholder data means Checkout.com's standard contract terms should be reviewed to confirm they contain all mandatory DPA provisions. 5. COMPLIANCE CONSIDERATIONS: Merchant compliance teams should conduct a data mapping exercise to document all personal data flows to and from Checkout.com, update their own privacy notices to reflect Checkout.com's processor role, and ensure DPAs are current and reflect any changes to subprocessors. Internal procedures for handling data subject access requests should route cardholder requests through the merchant's own processes, with Checkout.com providing assistance as processor.

Full compliance analysis

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

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Applicable regulations

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

Provision details

Document information
Document
Checkout.com Privacy
Entity
Checkout.com
Document last updated
May 5, 2026
Tracking information
First tracked
May 8, 2026
Last verified
May 11, 2026
Record ID
CA-P-010384
Document ID
CA-D-00663
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
a644fb34e781c2f85b7f4158747e8b392097069bd33d31e2fe9cda04abdf18be
Analysis generated
May 8, 2026 15:31 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Checkout.com
Document: Checkout.com Privacy
Record ID: CA-P-010384
Captured: 2026-05-08 15:31:40 UTC
SHA-256: a644fb34e781c2f8…
URL: https://conductatlas.com/platform/checkoutcom/checkoutcom-privacy/dual-controller-and-processor-status/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

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Frequently Asked Questions

What does Checkout.com's Dual Controller and Processor Status clause do?

This distinction determines who is legally accountable for cardholder data rights requests: if a cardholder wants to exercise GDPR rights over their payment data, they may need to contact the merchant rather than Checkout.com directly for certain processing activities.

How does this clause affect you?

Cardholders whose payment data is processed through Checkout.com may find that their data rights requests need to be directed to the merchant, not Checkout.com, because Checkout.com is acting as a processor in those contexts and the merchant is the data controller.

Is ConductAtlas affiliated with Checkout.com?

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