Datadog · Datadog Privacy Policy · View original document ↗

Controller and Processor Dual Role

High severity High confidence Explicitdocumentlanguage Unique · 0 of 325 platforms
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Document Record

What it is

When enterprise customers send data to Datadog's monitoring platform, Datadog acts as a data processor on their behalf, and the privacy policy covering that data is the Data Processing Addendum in the customer's contract, not this public policy.

This analysis describes what Datadog'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 that personal data transmitted within enterprise customers' monitoring payloads is governed by a separate contractual document, meaning individuals whose data appears in those payloads must look to the enterprise customer, not to Datadog's public privacy policy, for rights fulfillment.

Consumer impact (what this means for users)

If personal data about employees, end users, or third parties appears in monitoring data that an organization sends to Datadog, those individuals' data rights are governed by the enterprise contract and DPA, not by the publicly available privacy policy; this may limit the practical ability of those individuals to directly exercise access or deletion rights against Datadog.

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
"
When we provide services to our customers, we may process personal data on behalf of our customers. Our customers are generally the controllers of the data they submit to our services and we are the data processor. The processing of such data is governed by the applicable terms between Datadog and the customer, including our Data Processing Addendum. This Privacy Policy does not apply to the personal data we process on behalf of our customers in their capacity as data controllers.

— Excerpt from Datadog's Datadog Privacy Policy

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: The controller/processor distinction directly engages GDPR Articles 4, 24, 28, and 29, which establish obligations for both controllers and processors and require a written data processing agreement. The UK GDPR contains equivalent requirements. CCPA similarly distinguishes between businesses and service providers, affecting the categorization of data sharing and applicable obligations. EU data protection authorities and the UK ICO are primary enforcement bodies. GOVERNANCE EXPOSURE: High. Enterprise customers that transmit personal data in monitoring payloads bear primary controller obligations and must ensure their DPA with Datadog adequately covers the scope of processing, subprocessor engagement, data subject rights fulfillment, and international transfer mechanisms. Failure to execute a compliant DPA may result in GDPR Article 28 violations. JURISDICTION FLAGS: EU and UK customers face the highest exposure given GDPR and UK GDPR Article 28 requirements for written processor agreements. California businesses should assess whether Datadog qualifies as a service provider under CCPA and whether the service provider contract terms are sufficient to prevent the data sharing from being classified as a sale. Healthcare organizations must separately assess whether monitoring payloads may contain PHI and whether a Business Associate Agreement is required. CONTRACT AND VENDOR IMPLICATIONS: This provision creates a direct due diligence trigger: legal and procurement teams must confirm a current, jurisdiction-appropriate DPA is in place before transmitting personal data to Datadog. The DPA should be reviewed for subprocessor disclosure and objection rights, data retention and deletion timelines, and audit rights. The policy's statement that the DPA governs processor-role processing means the public privacy policy cannot be relied upon for contractual compliance purposes. COMPLIANCE CONSIDERATIONS: Organizations should map which personal data categories may appear in monitoring payloads (employee identifiers, end-user session data, log data containing email addresses or IP addresses) and ensure the DPA scope covers those categories. Data subject request workflows must account for the controller/processor split so that requests received by the enterprise customer can be forwarded to Datadog within applicable timeframes.

Full compliance analysis

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

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Applicable agencies

  • FTC
    The FTC has authority over data processor arrangements and representations about data handling practices under the FTC Act, relevant to enterprise customers and Datadog's service provider role.
    File a complaint →

Applicable regulations

CCPA/CPRA
California, USA
Colorado AI Act
US-CO
CAN-SPAM
United States Federal
ePrivacy Directive
European Union
FTC Act Section 5
United States Federal
GDPR
European Union

Provision details

Document information
Document
Datadog Privacy Policy
Entity
Datadog
Document last updated
May 5, 2026
Tracking information
First tracked
May 9, 2026
Last verified
May 12, 2026
Record ID
CA-P-011201
Document ID
CA-D-00546
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
eea29f87df222810bb333ab93ed605ef0943fbe961b1c1ead1455f6cdf47ce71
Analysis generated
May 9, 2026 22:15 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Datadog
Document: Datadog Privacy Policy
Record ID: CA-P-011201
Captured: 2026-05-09 22:15:28 UTC
SHA-256: eea29f87df222810…
URL: https://conductatlas.com/platform/datadog/datadog-privacy-policy/controller-and-processor-dual-role/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does Datadog's Controller and Processor Dual Role clause do?

This provision establishes that personal data transmitted within enterprise customers' monitoring payloads is governed by a separate contractual document, meaning individuals whose data appears in those payloads must look to the enterprise customer, not to Datadog's public privacy policy, for rights fulfillment.

How does this clause affect you?

If personal data about employees, end users, or third parties appears in monitoring data that an organization sends to Datadog, those individuals' data rights are governed by the enterprise contract and DPA, not by the publicly available privacy policy; this may limit the practical ability of those individuals to directly exercise access or deletion rights against Datadog.

Is ConductAtlas affiliated with Datadog?

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