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Hi guys,

With the brexit pending, are you going to offer servers that are located in a data center within the EU (e.g. AMS-IX)? And can you include a guarantee that back-ups of data will not leave the EU?

asked 06 Feb '18, 11:25

rogererens
1123
accept rate: 0%


The Brexit negotiations are still taking place and no agreement between EU and the UK has been reached yet.

Until some rules, or at least a draft of them, has been finalized and got public, we can't schedule or guarantee our future actions. After negotiations are finished, there should be a transition period for those to be planned and executed.

If the need arises and for law or privacy reasons (like the impending GDPR) we need to offer hosting in a different EU location, other than the UK, like NL or FR for example, we will definitely consider it.

Same rules apply for our backup policy too.

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answered 07 Feb '18, 13:33

iliasr ♦♦
2.1k14
accept rate: 36%

edited 07 Feb '18, 13:34

Dear Webfaction Team,

now it is almost one year since your last reply, and about 1.5 months ahead of a very likely hard brexit. In such a case all GDPR agreements with webfaction would probably be invalidated as the UK will then no longer be a member of the EU. As a consequence customers of an EU country wouldn't be allowed to store personal customer-related data on your servers.

What would you recommend your non-UK customers to do now? In your reply above you wrote that you would consider "hosting in a different EU location", I would expect that this must be something already in process considering the short time left. But for legal issues (i.e. signing GDPR contracts) would you also open a subsidiary outside the UK? I fear that moving servers alone might not be sufficient ...

I understand that this is a very unfortunate situation for both you and your customers, but nevertheless we need to address this issue in a timely manner - simply waiting (and hoping) until the end of march is probably a feasible option.

(21 Jan, 16:58) opga

This is not exactly the case. If a hard (or any kind of) Brexit happens, then all laws and legislation will not just revert back to pre-1979 the next day.

There is probably going to be a transition period where they will still be effective until voted in the British parliament otherwise.

Furthermore, according to the regulations themselves, the transfer of personal data to a non-EU country is prohibited unless that country has “an adequate level of data protection”. The UK can ensure it meets that "adequate level" by maintaining GDPR's rules, although they also have their own Data Protection Act (DPA 2018), which is in accordance to GDPR.

Finally, if the need does arise, our parent company, GoDaddy, has both offices and data-centers in mainland Europe.

(21 Jan, 17:12) iliasr ♦♦

ok, thanks for your clarifications.

(24 Jan, 08:12) opga
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question asked: 06 Feb '18, 11:25

question was seen: 908 times

last updated: 24 Jan, 08:12

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