This analysis describes what Windsurf'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 clause establishes the operational framework for cross-border data flows and acknowledges that destination jurisdictions may have less comprehensive data protection regimes than the EEA, Switzerland, or UK. It specifies the contractual mechanism—Standard Contractual Clauses—that governs the lawfulness of these international transfers under GDPR and equivalent regimes.
Interpretive note: The policy does not specify whether Transfer Impact Assessments have been conducted, whether the EU-U.S. Data Privacy Framework is relied upon, or which specific third countries beyond the U.S. may receive transferred data, leaving the full scope of transfer mechanisms uncertain.
Users from the EEA, Switzerland, and UK are notified that their personal information will be transferred to and processed in the United States and other countries, with protections structured through Standard Contractual Clauses rather than adequacy decisions. The terms operate on the basis that users accessing the service consent to this cross-border processing upon continued use.
How other platforms handle this
When we transfer personal information from the European Economic Area, the United Kingdom, or Switzerland to other countries that have not been found to provide an adequate level of data protection, we use legal mechanisms such as Standard Contractual Clauses approved by the European Commission to h...
Your personal information may be transferred to, processed and stored in countries other than the country in which you are resident, including the United States, Australia, Canada, the European Union and the UK. We take appropriate safeguards to protect your personal information in accordance with t...
Your personal information may be transferred to and processed in countries outside your country of residence, including the United States and Israel, which may have data protection laws that differ from those in your country. We rely on appropriate safeguards, such as standard contractual clauses ap...
Monitoring
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"Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your Personal Information may be transferred to, stored, and processed by us in our facilities and by those third parties to whom we may disclose your Personal Information (see "WILL YOUR INFORMATION BE DISCLOSED TO ANYONE?" above) in the United States, and other countries. If you are a resident in the EEA, Switzerland or the UK, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We may transfer Personal Information from the EEA, Switzerland or the UK to the U.S. and other third countries based on approved Standard Contractual Clauses, or otherwise in accordance with applicable data protection laws.— Excerpt from Windsurf's Windsurf Privacy Policy
ConductAtlas detected a major restructuring of Meta’s privacy policy that removed detailed consumer rights disclosures and relocated them to separate documents.
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The clause establishes the operational framework for cross-border data flows and acknowledges that destination jurisdictions may have less comprehensive data protection regimes than the EEA, Switzerland, or UK. It specifies the contractual mechanism—Standard Contractual Clauses—that governs the lawfulness of these international transfers under GDPR and equivalent regimes.
Users from the EEA, Switzerland, and UK are notified that their personal information will be transferred to and processed in the United States and other countries, with protections structured through Standard Contractual Clauses rather than adequacy decisions. The terms operate on the basis that users accessing the service consent to this cross-border processing upon continued use.
ConductAtlas has identified this type of provision across 12 platforms. See the full comparison.
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