Transfer Impact Assessment (TIA)

Hi there!

We are based in the EU (Germany) and hosting some of our services here. During the last few weeks we have been getting questions about “our” server locations from customers and partners. We usually answer that the servers are located in the EU (regions fra and ams).

Unfortunately for us this answer is not enough so we mention die DPA. Now our lawyers tell us that we need to do a TIA (transfer impact assessment) as part of the new standard contract clauses.

Technically we as data exporters are responsible to do the assessment and is bound to help with it as part of the standard contract clauses (my understanding).

I am thinking that parts of the assessment will be similar for every customer so I am wondering if somebody already did a TIA with and has got some experience to share?

Thanks in advance :slight_smile:

This sounds like an adventure. These folks have a spreadsheet that seems like a good start: Transfer Impact Assessment Templates

The people who work here can’t look at the data you store in your apps/dbs. This is largely because you’re using us for compute/raw disk storage. If we were a SaaS of some kind this would be a much more complicated thing for you to answer.

You’re going to need to pay the most attention to the US’s ability to force us to turn information over. In theory, the courts could order us to turn over disk snapshots for specific customers. We can’t search disks for anything in particular, though.

If it were me, I’d just fill out those linked templates. Assuming you’re a small company, you can lean on us being a small company to credibly keep the probabilities they ask for low.

It really is an adventure. And its getting more adventurous every day :slight_smile:

We’ll try to fill out a TIA template (either the one from IAPP you linked to or another one we got from our lawyers). If there I any questions that we can’t answer ourselves or need confirmation from you, I would get back to you.

Hopefully there will be a political solution in the near future …