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The agreement incorporates Contentsquare's online Data Processing Agreement and Standard Contractual Clauses by reference, treating execution of the MSA or any Order Form as deemed execution of both the DPA and the SCCs. A bespoke DPA may be substituted if separately agreed and executed.
This analysis describes what Heap'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
Deemed execution of the DPA and SCCs at MSA signing means the parties are contractually bound by those documents without separate signature, and the DPA terms are subject to unilateral update by Contentsquare subject to the agreement's modification procedures. Customers who require negotiated DPA terms must execute a bespoke agreement separately.
Interpretive note: The enforceability of deemed execution of SCCs by reference (rather than as a signed annex) may vary across EU member state supervisory authority practice and has not been uniformly confirmed across all EEA jurisdictions.
The agreement establishes that signing the MSA or any Order Form constitutes execution of Contentsquare's online DPA and the Standard Contractual Clauses referenced within it, which govern cross-border personal data transfers and processing obligations. The DPA is incorporated by reference from a URL and may be updated subject to the agreement's amendment terms.
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"In respect of the processing of any Personal Data, the Parties agree that the provisions of Contentsquare's Data Processing Agreement (located at: https://contentsquare.com/privacy-center/data-processing-agreement ) shall apply except where the Parties have agreed and executed a bespoke data processing agreement (either, together with its annexes, the "DPA"). Each Party agrees to comply with the terms of the DPA, which shall be incorporated into the Agreement by reference. Execution of this MSA and/or any Order Form shall be deemed as execution of the DPA and the Standard Contractual Clauses incorporated by reference thereto.Excerpt from Heap's Terms of Service
1) REGULATORY LANDSCAPE: This provision directly engages GDPR Chapter V requirements for international data transfers (SCCs issued under GDPR Article 46), UK GDPR transfer mechanisms, and the e-Privacy Directive. The relevant enforcement authorities are EU data protection authorities (including the lead supervisory authority for Contentsquare's EU entity), the UK ICO, and their counterparts in other applicable jurisdictions. The incorporation of SCCs by reference rather than as a signed annex may raise procedural questions in certain EU jurisdictions. 2) GOVERNANCE EXPOSURE: High. Deemed execution without separate review of the DPA and SCCs creates a compliance risk if the incorporated documents do not satisfy Customer's own GDPR obligations as a data controller. The DPA is hosted at a URL and may be updated; customers should monitor for changes. 3) JURISDICTION FLAGS: EU and UK customers face the highest regulatory exposure given GDPR and UK GDPR transfer mechanism requirements. Customers transferring data from the EU or UK to Contentsquare entities outside those jurisdictions should verify that the SCCs incorporated are the current EU Commission standard clauses (2021) or the UK IDTA as applicable. Customers in Japan and Singapore should verify compliance with APPI and PDPA cross-border transfer requirements respectively. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should retrieve and review the current version of the DPA and SCCs at the referenced URL before MSA execution, rather than relying on the deemed execution mechanism. Teams should confirm which module of the SCCs applies (controller-to-processor, controller-to-controller) based on the data flows involved. Version control of the DPA should be tracked in contract management systems. 5) COMPLIANCE CONSIDERATIONS: A DPIA may be required under GDPR Article 35 for deployments involving large-scale processing of visitor behavioral data. Transfer Impact Assessments may be required for SCCs-based transfers to non-adequate countries. Legal teams should confirm whether the DORA Addendum referenced in the agreement is required for their organization.
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Deemed execution of the DPA and SCCs at MSA signing means the parties are contractually bound by those documents without separate signature, and the DPA terms are subject to unilateral update by Contentsquare subject to the agreement's modification procedures. Customers who require negotiated DPA terms must execute a bespoke agreement separately.
The agreement establishes that signing the MSA or any Order Form constitutes execution of Contentsquare's online DPA and the Standard Contractual Clauses referenced within it, which govern cross-border personal data transfers and processing obligations. The DPA is incorporated by reference from a URL and may be updated subject to the agreement's amendment terms.
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