This analysis describes what Substack'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
Users whose Personal Information is processed by Substack acting as a data processor for a Creator cannot rely on the Substack Privacy Policy to govern that processing, creating a potential gap in privacy protections.
Interpretive note: The clause contains two independent legal propositions: (1) Creators are responsible for their own privacy compliance; (2) the Privacy Policy does not apply to Substack's processing as a data processor on behalf of Creators. Both are stated in the canonical claim as they are directly linked and together constitute the primary legal effect.
Substack now discloses that it shares account identifiers, such as email addresses and usernames, with trusted industry child safety organizations to detect and prevent online child sexual exploitation and abuse. The policy also establishes that Substack will respond to privacy rights requests within one month, or up to three months for complex requests, providing more certainty about response timelines. Additionally, the policy clarifies that direct message recipients may retain messages even if you request deletion or delete your account, which is now explicitly stated rather than implied.
View change record →The updated policy no longer commits to responding to privacy rights requests within one month or within three months for complex requests. This removes a procedural timeline that previously bound Substack's response obligations. Additionally, the explicit disclosure that Substack shares account identifiers with child safety consortia to detect online child sexual exploitation has been removed from the policy, though the practice itself is not stated to have ended. The direct message retention language is now framed more directly: recipients may retain messages even if you request deletion or close your account.
View change record →When Substack processes a reader's Personal Information on behalf of a Creator, the Substack Privacy Policy does not apply to that processing, and the Creator bears responsibility for compliance.
How other platforms handle this
If you use this website from other locations, you are responsible for compliance with local Applicable Laws.
Additional terms and conditions from Merchants will apply to any purchases you make using ProShop, and you are responsible for reviewing and complying with such additional terms and conditions
If a change happens to our business, the new owners may only use your Personal Data in accordance with this Privacy Policy.
"Creators using our services are responsible for their own privacy compliance and this Privacy Policy does not apply to any processing of your Personal Information by Substack as a data processor on behalf of any Creator.Excerpt from Substack's Privacy Policy
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
Users whose Personal Information is processed by Substack acting as a data processor for a Creator cannot rely on the Substack Privacy Policy to govern that processing, creating a potential gap in privacy protections.
When Substack processes a reader's Personal Information on behalf of a Creator, the Substack Privacy Policy does not apply to that processing, and the Creator bears responsibility for compliance.
ConductAtlas has identified this type of provision across 297 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Substack.