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This analysis describes what Shopify'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
The updated policy changes the legal mechanism used to protect personal data when it crosses borders, but does not change where data is transferred or fundamentally alter protection levels. For EEA and Swiss users, data transfers between Shopify entities now rely on Shopify's Binding Corporate Rules (which have been approved by European data protection authorities), rather than adequacy decisions. For UK users, transfers use Standard Contractual Clauses and may rely on the adequacy decision for Canada. For transfers to third-party subprocessors, contractual commitments in the form of Standard Contractual Clauses now replace prior language referencing comparable protections. The policy states these mechanisms reflect Shopify's commitment to adequate protection, but the shift in legal instruments may have implications for how disputes or compliance issues would be evaluated under GDPR or UK data protection law.
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If you are accessing the Website from a location outside the EEA, U.K., or Canada, you understand that we apply U.S. law and the U.S. advertising industry self-regulatory program to Tracking Technologies associated with the Website.
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
you consent as part of these Terms to venue for such cases exclusively in these courts.
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"If you are in the EEA or Switzerland, when we send your Personal Data to any other Shopify entity outside the EEA or Switzerland, it is transferred in accordance with Shopify's Binding Corporate Rules.Excerpt from Shopify's Privacy Policy
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The clause states: “If you are in the EEA or Switzerland, when we send your Personal Data to any other Shopify entity outside the EEA or Switzerland, it is transferred in accordance with Shopify's Binding Corporate Rules.”
ConductAtlas has identified this type of provision across 272 platforms. See the full comparison.
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