Privacy Shield and Schrems II

Privacy FAQ

General

My company uses PagerDuty and would like to have a Data Processing Addendum (DPA) in place. How do I go about getting one?

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PagerDuty's Data Processing Addendum is available here: https://www.pagerduty.com/data-processing-addendum/. When you agree to the PagerDuty Terms of Service, or sign your Order Form incorporating them, you also agree to the PagerDuty DPA which is incorporated by reference within the Terms of Service.

How can customers enter into EU Standard Contractual Clauses with PagerDuty?

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The PagerDuty DPA includes the Standard Contractual Clauses, so no additional action is required to include them.

How does PagerDuty demonstrate compliance with privacy laws?

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PagerDuty maintains various policies demonstrating compliance here: https://www.pagerduty.com/legal/.

Additionally, the PagerDuty Terms of Service includes our Data Processing Addendum, which covers various privacy laws, and the EU Standard Contractual Clauses.

Finally, the PagerDuty Privacy team monitors and implements privacy requirements from the applicable privacy laws to ensure ongoing compliance.

Where can I go with privacy questions that are still not answered here?

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Please consult the PagerDuty Privacy Policy and https://www.pagerduty.com/legal/ generally. If you're still not having luck, you may direct specific questions to privacy@pagerduty.com.

Privacy Shield, Schrems II and the New June 2021 Standard Contractual Clauses

How is PagerDuty responding to the Schrems II ruling and the invalidation of Privacy Shield?

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PagerDuty uses Standard Contractual Clauses as its mechanism to transfer personal data subject to EU law from and to its customers and Sub-processors. Consistent with the ruling in Schrems II and related guidance from EU supervisory authorities, PagerDuty couples its use of Standard Contractual Clauses with various technical and organizational safeguards as appropriate to particular transfers.

PagerDuty closely monitors the privacy landscape and the ongoing updates from various EU supervisory authorities, including the release of new Standard Contractual Clauses from the European Commission in June 2021. Please see below for additional answers to how PagerDuty remains compliant with the EU General Data Protection Regulation (GDPR) considering new recommendations stemming from Schrems II.

What is the valid transfer mechanism implemented by PagerDuty for transfers of Personal Data from the European Economic Area (EEA) to third countries?

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PagerDuty includes the Standard Contractual Clauses as part of its customer Data Processing Addendum. PagerDuty also requires that all of its subprocessors enter into a DPA which includes Standard Contractual Clauses.

Will PagerDuty sign the new Standard Contractual Clauses that the European Commission adopted in June 2021?

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Yes, our DPA has been updated to include the new Standard Contractual Clauses effective September 27, 2021. New and current customers will be on these terms going forward.

Which terms apply if my personal data is subject to UK and/or Swiss data protection laws?

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For processing of Personal Data that's subject to UK data protection laws, the 2010 Standard Contractual Clauses will still apply, and they are incorporated into the DPA as well. If the UK Data Protection Law changes to require either the 2021 Standard Contractual Clauses, the use of a different form of Standard Contractual Clauses, or other equivalent agreement then PagerDuty will update the DPA to incorporate the required terms.