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Schrems II - how does that affect GDPR compliance for Atlassian?

With the EU ruling that Privacy Shield is not an acceptable safeguard for GDPR purposes and with the SCC's are under scrutiny on a case by case basis, what does that mean for Atlassian?

3 answers

Hello @Jimi Wikman and @Zoltán Lehóczky

Thank you for reaching out. My name is Petterson and I'm a support engineer at Atlassian.

In fact, Privacy and Security are among the highest priorities at Atlassian, and we’re constantly analyzing developments after the most recent Schrems decision.

To address the most recent court’s decision, we currently provide a pre-signed DPA that includes a full copy of the Standard Contractual Clauses (SCCs). Additionally, older versions of our DPA include the SCCs as a fallback data transfer mechanism in the event of invalidation of the Privacy Shield. If your organization wishes to update to the latest DPA, please follow the instructions in the link below:

Atlassian Data Processing Addendum

To the extent we have ongoing obligations under our Privacy Shield certification, we will continue to honor them.

We're committed to protecting our customers' data and keeping your trust by ensuring data is protected with the utmost care and in compliance with applicable data privacy laws and requirements, including in circumstances where legal standards evolve. For more information about this topic, check GDPR Data Transfers.

For more information around security and data encryption, check Product Security.

Let us know if you have any questions.

Thanks for the details Petter. My guess is that it's not just me who searched for "Atlassian Schrems" and found only this thread. So I recommend adding this keyword to that page.

Like # people like this

@Zoltán Lehóczky Thank you for this tip!

We agree with your suggestion and contacted the GDPR team to properly add the page with the keyword.

Like Kristian Kramer likes this

We use JSD Clouds for our support, and we discovered that Atlassian hosts our instance with Amazon.

If I understand well, this is not acceptable anymore per Schrems II decision in July, since it is including our customer's emails (since the US gov can request access to it)

Is there any plan to switch to a European hosting company like OVH?

Thanks

Yves

No reply from Atlassan? This is of paramount importance for every EU customer of theirs, or even non-EU ones if they handle data of EU citizens (read: Practically everyone). Box has stepped up for example.

0 votes

The standard pointer would be to the obvious doc at https://www.atlassian.com/trust/privacy/gdpr

But, that

  • Still mentions privacy shield, as though it actually matters
  • Does not say anything about how Atlassian might be adapting to the deprecation of privacy shield

It doesn't actually change the way I talk about GDPR, security, etc with clients, but I really do think that page needs to be updated, probably alongside Atlassian policies.

So I've poked the Community Atlassians, they will go find the right Atlassians to get some updates.  Whether it's here, or they update that doc, or write something else, I can't guess.

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