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AWS Cloud Security

General Data Protection Regulation (GDPR) Center

GDPR compliance when using AWS services

The European Union’s General Data Protection Regulation (GDPR) protects European Union (EU) individuals’ fundamental right to privacy and the protection of personal data. The GDPR includes robust requirements that raise and harmonize standards for data protection, security, and compliance. Please review our GDPR FAQs below for more information.

AWS customers can use all AWS services to process personal data (as defined in the GDPR) that is uploaded to the AWS services under their AWS accounts (customer data) in compliance with the GDPR. In addition to our own compliance, AWS is committed to offering services and resources to our customers to help them comply with the GDPR requirements that may apply to their activities. New features are launched regularly, and AWS has 500+ features and services focused on security and compliance. For more information on what AWS is doing read our blog How AWS is helping EU customers navigate the new normal for data protection.

      

Focuses

Customer control

Customers have control of their customer data. With AWS, customers can:

  • Determine where their customer data will be stored, including the type of storage and geographic region of that storage.
  • Choose the secured state of their customer data. We offer customers strong encryption for customer data in transit or at rest, and we provide customers with the option to manage their own encryption keys.
  • Manage access to their customer data and AWS services and resources through users, groups, permissions and credentials that customers control.
Learn more

Transfers outside the European Economic Area (EEA)

AWS customers can continue to use AWS services to transfer customer data from the EEA to non-EEA countries that have not received an adequacy decision from the European Commission (including the United States) in compliance with the GDPR. At AWS, our highest priority is securing customer data, and we implement rigorous technical and organizational measures to protect its confidentiality, integrity, and availability, regardless of which AWS Region the customer has selected. We know that transparency matters to our customers. We list the AWS services that involve a data transfer of customer data on our Privacy Features webpage.

As the regulatory and legislative landscape evolves, we will always work to ensure that our customers can continue to enjoy the benefits of AWS services wherever they operate. Please see our customer update on the EU-US Privacy Shield and our blog posts on the Supplementary Addendum to the AWS Data Processing Addendum and the CISPE Data Protection Code of Conduct for additional information.

Page topics

Overview and GDPR basics

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The General Data Protection Regulation (GDPR) is a European privacy law that became enforceable on May 25, 2018. The GDPR replaced the EU Data Protection Directive, also known as Directive 95/46/EC, and intended to harmonize data protection laws throughout the European Union (EU) by applying a single data protection law that is binding throughout each member state.
The GDPR applies to all organizations established in the EU and to organizations, whether or not established in the EU, that process the personal data of EU individuals in connection with either the offering of goods or services to data subjects in the EU or the monitoring of behavior that takes place within the EU. Personal data is any information relating to an identified or identifiable natural person, including names, email addresses and phone numbers.
AWS acts as both a data processor and a data controller under the GDPR.
The SCCs are a pre-approved data transfer mechanism under GDPR, applicable in all EU Member States, which enable the lawful transfer of personal data to countries outside of the European Economic Area that have not received an adequacy decision from the European Commission (third countries).
The AWS Service Terms include the SCCs adopted by the European Commission (EC) in June 2021, and the AWS DPA confirms that the SCCs will apply automatically whenever an AWS customer uses AWS services to transfer customer data to countries outside of the European Economic Area that have not received an adequacy decision from the EC (third countries). As part of the AWS Service Terms, the new SCCs will apply automatically whenever a customer uses AWS services to transfer customer data to third countries. The few customers that have signed an AWS DPA can continue to rely on that AWS DPA because the new SCCs in the AWS Service Terms replace the previous version of the SCCs. Customers can therefore be comfortable that any customer data they transfer to third countries using AWS services has the same high level of protection that customer data receives in the EEA. For more information, please see the blog post on the implementation of the new Standard Contractual Clauses.

AWS and GDPR compliance following the Schrems II ruling and EDPB Recommendations

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On 16 July 2020, the Court of Justice of the European Union (CJEU) issued a ruling regarding the transfer of personal data of EU individuals outside the EEA (Schrems II). In Schrems II, the CJEU ruled that the EU-US Privacy Shield was no longer a valid mechanism to transfer personal data from the EEA to the US. However, in the same ruling, the CJEU confirmed that companies can (subject to implementing supplementary measures, if required) continue to use Standard Contractual Clauses as a valid mechanism for transferring personal data outside of the EEA. The European Data Protection Board (EDPB), a European body composed of representatives of the national data protection authorities, has since provided a non-exhaustive list of supplementary measures in its “Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data” (EDPB Recommendations).
Yes, AWS customers can continue to use AWS services to transfer customer data from Europe to countries outside the EEA who have not received an adequacy decision from the European Commission. The Schrems II ruling validated the use of Standard Contractual Clauses (SCCs) as a mechanism for transferring customer data outside the EEA and AWS customers can continue to rely on the SCCs for any transfer of customer data outside the EEA in compliance with GDPR.
Yes, AWS may use three types of sub-processors: (1) AWS entities that provide the infrastructure on which the AWS services run; (2) AWS entities that support specific AWS services which may require these entities to process customer data; and (3) third parties that AWS has contracted with to provide processing activities for specific AWS services. The AWS Sub-processors webpage provides more information about the sub-processors that AWS engages in accordance with the AWS DPA, to provide processing activities on customer data on behalf of customers. Sub-processors relevant to an individual customer will depend on the AWS Region the customer selects and the particular AWS services that the customer uses.
The AWS whitepaper, Navigating Compliance with EU Data Transfer Requirements, provides information about the services and resources that AWS offers customers to help them conduct data transfer assessments in light of the Schrems II ruling, and subsequent recommendations from the European Data Protection Board. The whitepaper also describes the key supplementary measures taken and made available by AWS to protect customer data.
AWS offers helpful information to customers, including several compliance reports from third-party auditors, who have verified our compliance with a variety of security standards and regulations, to prove the high levels of compliance AWS maintains for its infrastructure. These reports show our customers, that we are protecting their customer data they choose to process on AWS. Examples of this include AWS' ISO 27001, 27017, and 27018 compliance. ISO 27018 contains security controls that focuses on protection of customer data.
Yes. As of June 2023, 107 AWS services are compliant with the Cloud Infrastructure Services Providers in Europe (CISPE) Data Protection Code of Conduct. CISPE is a coalition of cloud computing leaders serving millions of European customers. The CISPE Data Protection Code of Conduct (CISPE Code), is the first pan-European data protection code of conduct focused on cloud infrastructure services providers. The CISPE Code was approved by the European Data Protection Board, acting on behalf of the 27 data protection authorities across Europe, and formally adopted by the French Data Protection Authority (CNIL), acting as the lead supervisory authority. In 2017 AWS announced its compliance with an earlier version of the CISPE Code.

Technical and organizational measures

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The GDPR does not change the AWS shared responsibility model, which continues to be relevant for customers. The shared responsibility model is a useful approach to illustrate the different responsibilities of AWS (as a data processor or sub-processor) and customers (as either data controllers or data processors) under the GDPR.
Yes, you can search for “GDPR” in the AWS Partner Solutions Finder to help find ISVs, MSPs, and SI partners that have products and services to help with GDPR compliance. Customers can also search for “GDPR” solutions on AWS Marketplace.
Yes, the AWS Security Assurance Services team has a number of activities to help customers on their journey to GDPR compliance. This team of industry certified compliance professionals helps customers achieve, maintain, and automate compliance in the cloud by tying together applicable compliance standards to AWS service specific features and functionality. More details on how AWS Professional Services Consultants are helping customers can be found here.
Customers can use AWS Support to receive technical guidance to help them on their road to GDPR compliance. As part of this activity we have teams of Cloud Support Engineers and Technical Account Managers (TAMs) that are trained to help identify and mitigate compliance risks. The level of support AWS provides depends on the AWS Support Plan that customers choose. Customers looking to understand how AWS Premium Support can help them can find more information in the AWS Support Center, available through the AWS Management Console, by using the contact details specified in the Enterprise Support Agreement entered into with AWS, or by visiting the AWS Support webpage. Customers with Enterprise Support should reach out to their TAM with GDPR related questions.
AWS has a security incident monitoring and data breach notification process in place and will notify customers of breaches of AWS’s security without undue delay and in accordance with the AWS DPA. AWS also gives customers a number of tools to understand who has access to their resources, when, and from where. One of these tools is AWS CloudTrail which enables governance, compliance, operational auditing, and risk auditing of an AWS account. With AWS CloudTrail, customers can log, continuously monitor, and retain information about account activity related to actions across their AWS infrastructure. This helps organizations understand what is happening with their AWS infrastructure and can take action on any unusual activity, immediately. For more information on other security tools AWS gives customers to help meet their obligations as data controllers under the GDPR, visit the AWS Cloud Security webpage.
AWS gives customers and APN Partners a number of tools to secure their customer data and help protect against cyber-attacks. One such tool is AWS Shield. This is a managed Distributed Denial of Service (DDoS) protection service to safeguard websites and applications running on AWS. AWS Shield Standard is available at no additional charge and provides always-on detection and automatic inline mitigations that can minimize application downtime and latency. For higher levels of protection against attacks targeting web applications running on AWS and using ELB, Amazon CloudFront, and Amazon Route 53 resources, customers and APN Partners can subscribe to AWS Shield Advanced. AWS also publishes and routinely updates AWS Best Practices for DDoS Resiliency that can help customers use AWS to build applications resilient to DDoS attacks.
Amazon Macie is a fully managed data security and data privacy service that uses machine learning and pattern matching to discover and protect yourpersonal data in AWS. As organizations manage growing volumes of data, identifying and protecting their personal data at scale can become increasingly complex, expensive, and time-consuming. Amazon Macie automates the discovery of personal data at scale and lowers the cost of protecting your data. Macie automatically provides an inventory of Amazon S3 buckets including a list of unencrypted buckets, publicly accessible buckets, and buckets shared with AWS accounts outside those you have defined in AWS Organizations. Then, Macie applies machine learning and pattern matching techniques to the buckets you select to identify and alert you to personal data.
To help customers with GDPR compliance, AWS has a number of tools to control access to personal data contained in their content on AWS. These tools include:
AWS offers customers and APN Partners the ability to add an additional layer of security to their customer data at rest in the cloud and help them meet their security of processing obligations as data controllers under the GDPR. Encryption tools available on AWS include:
AWS provides specific features and services which help customers to meet requirements of the GDPR:

AWS and the UK GDPR

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The GDPR is an EU regulation and post-Brexit, no longer applies to the UK.  The UK government incorporated the requirements of GDPR into UK law as the “UK GDPR”.
AWS offers a UK GDPR-compliant UK GDPR Addendum to the AWS DPA that incorporates AWS’s commitments as a data processor under the UK GDPR. The UK GDPR Addendum is part of the AWS Service Terms and applies automatically for all customers who require a data processing agreement to comply with the UK GDPR.
The UK GDPR Addendum, which is part of the AWS Service Terms, includes the SCCs adopted by the EC and the international data transfer addendum (IDTA) issued by the UK data protection regulator (the Information Commissioners Office).  The IDTA amends the SCCs to ensure they constitute an appropriate safeguard under the UK GDPR for international data transfers to countries outside of the UK that have not been recognised as providing an adequate level of protection for personal data (UK third countries). The UK GDPR Addendum confirms that the SCCs (as amended by the IDTA) will automatically apply whenever a customer uses AWS services to transfer customer data subject to the UK GDPR (UK customer data) to UK third countries.  As part of the UK GDPR Addendum in the AWS Service Terms, the SCCs (as amended by the IDTA) will apply automatically whenever a customer uses AWS services to transfer UK customer data to UK third countries.

AWS and the Swiss Federal Data Protection Act

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AWS offers a Swiss Addendum to the AWS Data processing Addendum (the “Swiss Addendum”) that incorporates AWS’s commitments as data processor under the Swiss Federal Data Protection Act (the “FDPA”). The Swiss Addendum is part of the AWS Service Terms (see Section 1.14.4) and applies automatically when the FDPA applies to a customer’s use of the AWS services to process customer data.
The Swiss Addendum to the AWS Data processing Addendum which is part of the AWS Service Terms (see Section 1.14.4), includes the Standard Contractual Clauses (the “SCCs”) adopted by the European Commission and amended as required by the Swiss Federal Data Protection and Information Commissioner. The Swiss Addendum confirms that the SCCs (as amended by the Swiss Addendum) will automatically apply whenever a customer uses AWS services to transfer customer data subject to the FDPA to third countries.

Contact

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We recommend that customers with questions regarding the GDPR contact their AWS account manager first. If customers have signed up for Enterprise Support, they can reach out to their Technical Account Manager (TAM) as well. TAMs work with Solutions Architects to help customers identify potential risks and potential mitigations. TAMs and account teams can also point customers and APN Partners with specific resources based on their environment and needs.