AWS GDPR DATA PROCESSING ADDENDUM

This Data Processing Addendum (“DPA”) supplements the AWS Customer Agreement available at
http://aws.amazon.com/agreement, as updated from time to time between Customer and AWS, or other
agreement between Customer and AWS governing Customer’s use of the Service Offerings (the
“Agreement”) when the GDPR applies to your use of the AWS Services to process Customer Data. This
DPA is an agreement between you and the entity you represent (“Customer”, “you” or “your”) and
Amazon Web Services, Inc. and the AWS Contracting Party or AWS Contracting Parties (as applicable)
under the Agreement (together “AWS”). Unless otherwise defined in this DPA or in the Agreement, all
capitalised terms used in this DPA will have the meanings given to them in Section 17 of this DPA.

1. Data Processing.
1.1 Scope and Roles. This DPA applies when Customer Data is processed by AWS. In this
context, AWS will act as processor to Customer, who can act either as controller or
processor of Customer Data.
1.2 Customer Controls. Customer can use the Service Controls to assist it with its obligations
under the GDPR, including its obligations to respond to requests from data subjects.
Taking into account the nature of the processing, Customer agrees that it is unlikely that
AWS would become aware that Customer Data transferred under the Standard
Contractual Clauses is inaccurate or outdated. Nonetheless, if AWS becomes aware that
Customer Data transferred under the Standard Contractual Clauses is inaccurate or
outdated, it will inform Customer without undue delay. AWS will cooperate with
Customer to erase or rectify inaccurate or outdated Customer Data transferred under the
Standard Contractual Clauses by providing the Service Controls that Customer can use to
erase or rectify Customer Data.
1.3 Details of Data Processing.
1.3.1 Subject matter. The subject matter of the data processing under this DPA is
Customer Data.
1.3.2 Duration. As between AWS and Customer, the duration of the data processing
under this DPA is determined by Customer.
1.3.3 Purpose. The purpose of the data processing under this DPA is the provision of
the Services initiated by Customer from time to time.
1.3.4 Nature of the processing. Compute, storage and such other Services as described
in the Documentation and initiated by Customer from time to time.
1.3.5 Type of Customer Data. Customer Data uploaded to the Services under
Customer’s AWS accounts.
1.3.6 Categories of data subjects. The data subjects could include Customer’s
customers, employees, suppliers and End Users.
1.4 Compliance with Laws. Each party will comply with all laws, rules and regulations
applicable to it and binding on it in the performance of this DPA, including the GDPR.
2. Customer Instructions. The parties agree that this DPA and the Agreement (including Customer
providing instructions via configuration tools such as the AWS management console and APIs
made available by AWS for the Services) constitute Customer’s documented instructions
regarding AWS’s processing of Customer Data (“Documented Instructions”). AWS will process
 Customer Data only in accordance with Documented Instructions (which if Customer is acting as a
processor, could be based on the instructions of its controllers). Additional instructions outside
the scope of the Documented Instructions (if any) require prior written agreement between AWS
and Customer, including agreement on any additional fees payable by Customer to AWS for
carrying out such instructions. Customer is entitled to terminate this DPA and the Agreement if
AWS declines to follow instructions requested by Customer that are outside the scope of, or
changed from, those given or agreed to be given in this DPA. Taking into account the nature of
the processing, Customer agrees that it is unlikely AWS can form an opinion on whether
Documented Instructions infringe the GDPR. If AWS forms such an opinion, it will immediately
inform Customer, in which case, Customer is entitled to withdraw or modify its Documented
Instructions.
3. Confidentiality of Customer Data. AWS will not access or use, or disclose to any third party, any
Customer Data, except, in each case, as necessary to maintain or provide the Services, or as
necessary to comply with the law or a valid and binding order of a governmental body (such as a
subpoena or court order). If a governmental body sends AWS a demand for Customer Data, AWS
will attempt to redirect the governmental body to request that data directly from Customer. As
part of this effort, AWS may provide Customer’s basic contact information to the governmental
body. If compelled to disclose Customer Data to a governmental body, then AWS will give
Customer reasonable notice of the demand to allow Customer to seek a protective order or other
appropriate remedy unless AWS is legally prohibited from doing so.
4. Confidentiality Obligations of AWS Personnel. AWS restricts its personnel from processing
Customer Data without authorisation by AWS as described in the AWS Security Standards. AWS
imposes appropriate contractual obligations upon its personnel, including relevant obligations
regarding confidentiality, data protection and data security.
5. Security of Data Processing
5.1 AWS has implemented and will maintain the technical and organisational measures for
the AWS Network as described in the AWS Security Standards and this Section. In
particular, AWS has implemented and will maintain the following technical and
organisational measures:
(a) security of the AWS Network as set out in Section 1.1 of the AWS Security
Standards;
(b) physical security of the facilities as set out in Section 1.2 of the AWS Security
Standards;
(c) measures to control access rights for AWS employees and contractors to the AWS
Network as set out in Section 1.1 of the AWS Security Standards; and
(d) processes for regularly testing, assessing and evaluating the effectiveness of the
technical and organisational measures implemented by AWS as described in
Section 2 of the AWS Security Standards.
5.2 Customer can elect to implement technical and organisational measures to protect
Customer Data. Such technical and organisational measures include the following which
can be obtained by Customer from AWS as described in the Documentation, or directly
from a third party supplier:
(a) pseudonymisation and encryption to ensure an appropriate level of security;
(b) measures to ensure the ongoing confidentiality, integrity, availability and
resilience of the processing systems and services that are operated by Customer;
 measures to allow Customer to backup and archive appropriately in order to
restore availability and access to Customer Data in a timely manner in the event
of a physical or technical incident; and
(c) processes for regularly testing, assessing and evaluating the effectiveness of the
technical and organisational measures implemented by Customer.
6. Sub-processing.
6.1 Authorised Sub-processors. Customer provides general authorisation to AWS’s use of
sub-processors to provide processing activities on Customer Data on behalf of Customer
(“Sub-processors”) in accordance with this Section. The AWS website (currently posted
at https://aws.amazon.com/compliance/sub-processors/) lists Sub-processors that are
currently engaged by AWS. At least 30 days before AWS engages a Sub-processor, AWS
will update the applicable website and provide Customer with a mechanism to obtain
notice of that update. To object to a Sub-processor, Customer can: (i) terminate the
Agreement pursuant to its terms; (ii) cease using the Service for which AWS has engaged
the Sub-processor; or (iii) move the relevant Customer Data to another AWS Region
where AWS has not engaged the Sub-processor.
6.2 Sub-processor Obligations. Where AWS authorises a Sub-processor as described in
Section 6.1:
(i) AWS will restrict the Sub-processor’s access to Customer Data only to what is
necessary to provide or maintain the Services in accordance with the
Documentation, and AWS will prohibit the Sub-processor from accessing
Customer Data for any other purpose;
(ii) AWS will enter into a written agreement with the Sub-processor and, to the
extent that the Sub-processor performs the same data processing services
provided by AWS under this DPA, AWS will impose on the Sub-processor the same
contractual obligations that AWS has under this DPA; and
(iii) AWS will remain responsible for its compliance with the obligations of this DPA
and for any acts or omissions of the Sub-processor that cause AWS to breach any
of AWS’s obligations under this DPA.

7. AWS Assistance with Data Subject Requests. Taking into account the nature of the processing, the
Service Controls are the technical and organizational measures by which AWS will assist Customer
in fulfilling Customer’s obligations to respond to data subjects’ requests under the GDPR. If a data
subject makes a request to AWS, AWS will promptly forward such request to Customer once AWS
has identified that the request is from a data subject for whom Customer is responsible. Customer
authorises on its behalf, and on behalf of its controllers when Customer is acting as a processor,
AWS to respond to any data subject who makes a request to AWS, to confirm that AWS has
forwarded the request to Customer. The parties agree that Customer’s use of the Service Controls
and AWS forwarding data subjects’ requests to Customer in accordance with this Section, represent
the scope and extent of Customer’s required assistance.
8. Optional Security Features. AWS makes available many Service Controls that Customer can elect
to use. Customer is responsible for (a) implementing the measures described in Section 5.2, as
appropriate, (b) properly configuring the Services, (c) using the Service Controls to allow Customer
to restore the availability and access to Customer Data in a timely manner in the event of a
physical or technical incident (for example backups and routine archiving of Customer Data), and
 (d) taking such steps as Customer considers adequate to maintain appropriate security,
protection, and deletion of Customer Data, which includes use of encryption technology to protect
Customer Data from unauthorised access and measures to control access rights to Customer Data.
9. Security Incident Notification.
9.1 Security Incident. AWS will (a) notify Customer of a Security Incident without undue delay
after becoming aware of the Security Incident, and (b) take appropriate measures to
address the Security Incident, including measures to mitigate any adverse effects resulting
from the Security Incident.
9.2 AWS Assistance. To enable Customer to notify a Security Incident to supervisory
authorities or data subjects (as applicable), AWS will cooperate with and assist Customer
by including in the notification under Section 9.1(a) such information about the Security
Incident as AWS is able to disclose to Customer, taking into account the nature of the
processing, the information available to AWS, and any restrictions on disclosing the
information, such as confidentiality. Taking into account the nature of the processing,
Customer agrees that it is best able to determine the likely consequences of a Security
Incident.
9.3 Unsuccessful Security Incidents. Customer agrees that:
(i) an unsuccessful Security Incident will not be subject to this Section 9. An
unsuccessful Security Incident is one that results in no unauthorised access to
Customer Data or to any of AWS’s equipment or facilities storing Customer Data,
and could include, without limitation, pings and other broadcast attacks on
firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of
service attacks, packet sniffing (or other unauthorised access to traffic data that
does not result in access beyond headers) or similar incidents; and
(ii) AWS’s obligation to report or respond to a Security Incident under this Section 9
is not and will not be construed as an acknowledgement by AWS of any fault or
liability of AWS with respect to the Security Incident.
9.4 Communication. Notification(s) of Security Incidents, if any, will be delivered to one or
more of Customer’s administrators by any means AWS selects, including via email. It is
Customer’s sole responsibility to ensure Customer’s administrators maintain accurate
contact information on the AWS management console and secure transmission at all
times.
10. AWS Certifications and Audits.
10.1 AWS ISO-Certification and SOC Reports. In addition to the information contained in this
DPA, upon Customer’s request, and provided that the parties have an applicable NDA in
place, AWS will make available the following documents and information:
(i) the certificates issued for the ISO 27001 certification, the ISO 27017 certification,
the ISO 27018 certification, and the ISO 27701 certification (or the certifications
or other documentation evidencing compliance with such alternative standards
as are substantially equivalent to ISO 27001, ISO 27017, ISO 27018, and ISO
27701); and
(ii) the System and Organization Controls (SOC) 1 Report, the System and
Organization Controls (SOC) 2 Report and the System and Organization Controls
(SOC) 3 Report (or the reports or other documentation describing the controls
 implemented by AWS that replace or are substantially equivalent to the SOC 1,
SOC 2 and SOC 3).
10.2 AWS Audits. AWS uses external auditors to verify the adequacy of its security measures,
including the security of the physical data centers from which AWS provides the Services.
This audit: (a) will be performed at least annually; (b) will be performed according to ISO
27001 standards or such other alternative standards that are substantially equivalent to
ISO 27001; (c) will be performed by independent third party security professionals at
AWS’s selection and expense; and (d) will result in the generation of an audit report
(“Report”), which will be AWS’s Confidential Information.
10.3 Audit Reports. At Customer’s written request, and provided that the parties have an
applicable NDA in place, AWS will provide Customer with a copy of the Report so that
Customer can reasonably verify AWS’s compliance with its obligations under this DPA.
10.4 Privacy Impact Assessment and Prior Consultation. Taking into account the nature of the
processing and the information available to AWS, AWS will assist Customer in complying
with Customer’s obligations in respect of data protection impact assessments and prior
consultation, by providing the information AWS makes available under this Section 10.
11. Customer Audits. Customer chooses to conduct any audit, including any inspection, it has the
right to request or mandate on its own behalf, and on behalf of its controllers when Customer is
acting as a processor, under the GDPR or the Standard Contractual Clauses, by instructing AWS to
carry out the audit described in Section 10. If Customer wishes to change this instruction
regarding the audit, then Customer has the right to request a change to this instruction by sending
AWS written notice as provided for in the Agreement. If AWS declines to follow any instruction
requested by Customer regarding audits, including inspections, Customer is entitled to terminate
the Agreement in accordance with its terms.
12. Transfers of Personal Data.
12.1 Regions. Customer can specify the location(s) where Customer Data will be processed
within the AWS Network (each a “Region”), including Regions in the EEA. Once Customer
has made its choice, AWS will not transfer Customer Data from Customer’s selected
Region(s) except as necessary to provide the Services initiated by Customer, or as
necessary to comply with the law or binding order of a governmental body.
12.2 Application of Standard Contractual Clauses. Subject to Section 12.3, the Standard
Contractual Clauses will only apply to Customer Data that is transferred, either directly or
via onward transfer, to any Third Country, (each a “Data Transfer”).

12.2.1 When Customer is acting as a controller, the Controller-to-Processor Clauses will apply to
a Data Transfer.
12.2.2 When Customer is acting as a processor, the Processor-to-Processor Clauses will apply to a
Data Transfer. Taking into account the nature of the processing, Customer agrees that it is
unlikely that AWS will know the identity of Customer’s controllers because AWS has no
direct relationship with Customer’s controllers and therefore, Customer will fulfil AWS’s
obligations to Customer’s controllers under the Processor-to-Processor Clauses.
12.3 Alternative Transfer Mechanism. The Standard Contractual Clauses will not apply to a
Data Transfer if AWS has adopted Binding Corporate Rules for Processors or an alternative
recognised compliance standard for lawful Data Transfers.
13. Termination of the DPA. This DPA will continue in force until the termination of the Agreement
(the “Termination Date”).
14. Return or Deletion of Customer Data. At any time up to the Termination Date, and for 90 days
following the Termination Date, subject to the terms and conditions of the Agreement, AWS will
return or delete Customer Data when Customer uses the Service Controls to request such return
or deletion. No later than the end of this 90-day period, Customer will close all AWS accounts
containing Customer Data.
15. Duties to Inform. Where Customer Data becomes subject to confiscation during bankruptcy or
insolvency proceedings, or similar measures by third parties while being processed by AWS, AWS
will inform Customer without undue delay. AWS will, without undue delay, notify all relevant
parties in such action (for example, creditors, bankruptcy trustee) that any Customer Data
subjected to those proceedings is Customer’s property and area of responsibility and that
Customer Data is at Customer’s sole disposition.
16. Entire Agreement; Conflict. This DPA incorporates the Standard Contractual Clauses by reference.
Except as amended by this DPA, the Agreement will remain in full force and effect. If there is a
conflict between the Agreement and this DPA, the terms of this DPA will control, except that the
Service Terms will control over this DPA. Nothing in this document varies or modifies the Standard
Contractual Clauses.
17. Definitions. Unless otherwise defined in the Agreement, all capitalised terms used in this DPA will
have the meanings given to them below:
“AWS Network” means AWS’s data center facilities, servers, networking equipment, and host
software systems (for example, virtual firewalls) that are within AWS’s control and are used to
provide the Services.
“AWS Security Standards” means the security standards attached to the Agreement, or if none
are attached to the Agreement, attached to this DPA as Annex 1.
“controller” has the meaning given to it in the GDPR.
“Controller-to-Processor Clauses” means the standard contractual clauses between controllers
and processors for Data Transfers, as approved by the European Commission Implementing
Decision (EU) 2021/914 of 4 June 2021, and currently located at
https://d1.awsstatic.com/Controller_to_Processor_SCCs.pdf.
“Customer Data” means the “personal data” (as defined in the GDPR) that is uploaded to the
Services under Customer’s AWS accounts.
“EEA” means the European Economic Area.
“GDPR” means Regulation 2016/679 of the European Parliament and of the Council of 27 April
2016 on the protection of natural persons with regard to the processing of personal data and on
the free movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation).
“processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed”
will be interpreted accordingly.
“processor” has the meaning given to it in the GDPR.
“Processor-to-Processor Clauses” means the standard contractual clauses between processors for
Data Transfers, as approved by the European Commission Implementing Decision (EU) 2021/914 of
4 June 2021, and currently located at https://d1.awsstatic.com/Processor_to_Processor_SCCs.pdf.
“Security Incident” means a breach of AWS’s security leading to the accidental or unlawful
destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data.
“Service Controls” means the controls, including security features and functionalities, that the
Services provide, as described in the Documentation.
“Standard Contractual Clauses” means (i) the Controller-to-Processor Clauses, or (ii) the Processor-
to-Processor Clauses, as applicable in accordance with Sections 12.2.1 and 12.2.2.
“Third Country” means a country outside the EEA not recognised by the European Commission
as providing an adequate level of protection for personal data (as described in the GDPR).
 Annex 1
AWS Security Standards

Capitalised terms not otherwise defined in this document have the meanings assigned to them in the
Agreement.
1. Information Security Program. AWS will maintain an information security program (including the
adoption and enforcement of internal policies and procedures) designed to (a) help Customer
secure Customer Data against accidental or unlawful loss, access or disclosure, (b) identify
reasonably foreseeable and internal risks to security and unauthorised access to the AWS Network,
and (c) minimise security risks, including through risk assessment and regular testing. AWS will
designate one or more employees to coordinate and be accountable for the information security
program. The information security program will include the following measures:
1.1 Network Security. The AWS Network will be electronically accessible to employees,
contractors and any other person as necessary to provide the Services. AWS will maintain
access controls and policies to manage what access is allowed to the AWS Network from each
network connection and user, including the use of firewalls or functionally equivalent
technology and authentication controls. AWS will maintain corrective action and incident
response plans to respond to potential security threats.
1.2 Physical Security
1.2.1 Physical Access Controls. Physical components of the AWS Network are housed in
nondescript facilities (the “Facilities”). Physical barrier controls are used to prevent
unauthorised entrance to the Facilities both at the perimeter and at building access
points. Passage through the physical barriers at the Facilities requires either electronic
access control validation (for example, card access systems, etc.) or validation by
human security personnel (for example, contract or in-house security guard service,
receptionist, etc.). Employees and certain contractors are assigned photo-ID badges
that must be worn while the employees and contractors are at any of the
Facilities. Visitors and any other contractors are required to sign-in with designated
personnel, must show appropriate identification, are assigned a visitor ID badge that
must be worn while the visitor or contractor is at any of the Facilities, and are continually
escorted by authorised employees or contractors while visiting the Facilities.
1.2.2 Limited Employee and Contractor Access. AWS provides access to the Facilities to
those employees and contractors who have a legitimate business need for such access
privileges. When an employee or contractor no longer has a business need for the
access privileges assigned to him/her, the access privileges are promptly revoked, even
if the employee or contractor continues to be an employee of AWS or its affiliates.
1.2.3 Physical Security Protections. All access points (other than main entry doors) are
maintained in a secured (locked) state. Access points to the Facilities are monitored by
video surveillance cameras designed to record all individuals accessing the
Facilities. AWS also maintains electronic intrusion detection systems designed to detect
unauthorised access to the Facilities, including monitoring points of vulnerability (for
example, primary entry doors, emergency egress doors, roof hatches, dock bay doors,
etc.) with door contacts, glass breakage devices, interior motion-detection, or other
devices designed to detect individuals attempting to gain access to the Facilities. All
physical access to the Facilities by employees and contractors is logged and routinely
audited.
2. Continued Evaluation. AWS will conduct periodic reviews of the security of its AWS Network and
adequacy of its information security program as measured against industry security standards and
its policies and procedures. AWS will continually evaluate the security of its AWS Network and
associated Services to determine whether additional or different security measures are required to
respond to new security risks or findings generated by the periodic reviews.