The agreement places sole responsibility on site operators for compliance with applicable data protection laws, including GDPR and the EU e-Privacy Directive, covering End User Data collection and processing, marketing communications, and cookie consent obligations. This includes cookies placed by Squarespace on the operator's behalf, such as for analytics purposes.
This analysis describes what Squarespace'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
This provision expressly assigns data protection compliance obligations to Squarespace site operators, including for cookies placed by Squarespace on the operator's request. Operators who fail to implement required consent mechanisms or privacy disclosures on their hosted sites bear the compliance risk under this contractual allocation.
This provision establishes that Squarespace site operators are solely responsible for data protection compliance on their hosted sites, including consent capture for cookies placed by Squarespace for analytics or other purposes at the operator's request. End users of Squarespace-hosted sites should be aware that their data protection rights are to be addressed by the site operator rather than Squarespace directly in this context.
Cross-platform context
See how other platforms handle Operator Data Protection Compliance Obligations and similar clauses.
Compare across platforms →"You agree and warrant that when using the Services or operating Your Sites you are solely responsible for complying with applicable data protection, security or privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any End User Data or other personal data, when you use Your Sites and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).Excerpt from Squarespace's Terms of Service
(1) REGULATORY LANDSCAPE: This provision directly engages GDPR Articles 4(7) (controller definition), 6 (lawful basis), 7 (consent), and 13/14 (transparency obligations), as well as the EU e-Privacy Directive's cookie consent requirements and national implementations.
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This provision expressly assigns data protection compliance obligations to Squarespace site operators, including for cookies placed by Squarespace on the operator's request. Operators who fail to implement required consent mechanisms or privacy disclosures on their hosted sites bear the compliance risk under this contractual allocation.
This provision establishes that Squarespace site operators are solely responsible for data protection compliance on their hosted sites, including consent capture for cookies placed by Squarespace for analytics or other purposes at the operator's request. End users of Squarespace-hosted sites should be aware that their data protection rights are to be addressed by the site operator rather than Squarespace directly …
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