If you use Google Cloud to process personal data, a separate Data Processing Addendum (DPA) applies and governs how Google handles that data; you need to review and ensure the DPA meets your legal obligations for data protection.
This analysis describes what Google Cloud'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
For any organization processing personal data of EU residents or other protected individuals on GCP, the DPA establishes the legal framework for that processing and determines whether Google acts as a processor under your instruction or in another capacity.
Interpretive note: The specific obligations under the DPA depend on the current version of that document, which is incorporated by reference and not reproduced in the main agreement text; applicable obligations vary significantly by jurisdiction and processing context.
This provision means that data protection obligations, including GDPR compliance for EU personal data, are governed by a separate DPA that is incorporated into the agreement by reference; customers must ensure the DPA is properly executed and configured for their use case.
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"The parties will comply with the Google Cloud Data Processing Addendum ('Cloud DPA'), which is incorporated into the Agreement by reference. To the extent Customer uses the Services to process personal data subject to GDPR or other applicable data protection law, the Cloud DPA governs such processing.Excerpt from Google Cloud's Terms
1) REGULATORY LANDSCAPE: The incorporation of the Cloud DPA directly implicates GDPR (for EU/EEA personal data), UK GDPR (for UK residents' data), and CCPA (for California residents' data).
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For any organization processing personal data of EU residents or other protected individuals on GCP, the DPA establishes the legal framework for that processing and determines whether Google acts as a processor under your instruction or in another capacity.
This provision means that data protection obligations, including GDPR compliance for EU personal data, are governed by a separate DPA that is incorporated into the agreement by reference; customers must ensure the DPA is properly executed and configured for their use case.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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