Legal - Data Processing Agreement

Data Processing Agreement

Last Updated on October 14, 2026

1. Scope, Order of Precedence, and Term

1.1 This Data Processing Agreement (“DPA”) is an addendum to the Customer Terms of Service (“Agreement”) between DigitalOcean, LLC (“DigitalOcean”) and the Customer. DigitalOcean and Customer are individually a “party” and, collectively, the “parties.”

1.2 This DPA applies where and only to the extent that DigitalOcean processes Personal Data on behalf of the Customer in the course of providing the Services and such Personal Data is subject to Data Protection Laws of the appropriate jurisdiction, including the State of California, the European Union, the European Economic Area and/or its member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data.

1.3 The duration of the Processing covered by this DPA shall be in accordance with the duration of the Agreement.

2. Definitions

2.1 The following terms have the meanings set forth below. All capitalized terms not defined in this DPA will have the meanings set forth in the Agreement.

2.2 The following terms have the definitions given to them in the CCPA: “Business,” “Sell,” “Service Provider,” and “Third Party.”

2.3 “Controller” means the entity that determines the purposes and means of the Processing of Personal Data. “Controller” includes equivalent terms in other Data Protection Law, such as the CCPA-defined term “Business” or “Third Party,” as context requires.

2.4 “Data Protection Law” means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement as it relates to the Customer, including Regulation 2016/679 (General Data Protection Regulation) (“GDPR”), and Cal. Civ. Code Title 1.81.5, § 1798.100 et seq. (California Consumer Privacy Act) (“CCPA”).

2.5 “Data Subject” means an identified or identifiable natural person.

2.6 “De-identified Data” means data that cannot be reasonably linked to a person and is excluded from the definition of Personal Data under applicable Data Protection Law. Aggregated data is De-identified Data. To “De-identify” means to create De-identified Data from Personal Data.

2.7 “EEA” means the European Economic Area.

2.8 “Standard Contractual Clauses” means the European Union standard contractual clauses for international transfers from the European Economic Area to third countries, Commission Implementing Decision (EU) 2021/914 of 4 June 2021.

2.9 “Personal Data” means Services Content that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a Data Subject or their household or device in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. “Personal Data” includes equivalent terms in other Data Protection Law, such as the CCPA-defined term “Personal Information,” as context requires.”

2.10 “Personal Data Breach” means a breach of security of the Services leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.