Legal - Data Processing Agreement

·Data Processing Agreement

·Last Updated on October 14, 2026

11. Scope, Order of Precedence, and Term

1.11.1 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."

1.21.2 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.

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

22. Definitions

2.12.1 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.

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

2.32.3 "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.

2.42.4 "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").

2.52.5 "Data Subject" means an identified or identifiable natural person.

2.62.6 "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.

2.72.7 "EEA" means the European Economic Area.

2.82.8 "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.

2.92.9 "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."

2.102.10 "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.

2.112.11 "Process" or "Processing" means any operation or set of operations which is performed upon Personal Data, whether by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

2.122.12 "Processor" means an entity that processes Personal Data on behalf of another entity. "Processor" includes equivalent terms in other Data Protection Law, such as the CCPA-defined term "Service Provider," as context requires.

2.132.13 "Sensitive Data" means the following types and categories of data: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; genetic data; biometric data; data concerning health; data concerning a natural person's sex life or sexual orientation; government identification numbers (e.g., SSNs, driver's license); payment card information; nonpublic personal information governed by the Gramm Leach Bliley Act; an unencrypted identifier in combination with a password or other access code that would permit access to a data subject's account; and precise geolocation.

2.142.14 "Subprocessor" means a Processor engaged by a party who is acting as a Processor.

2.152.15 "UK Addendum" means the United Kingdom International Data Transfer Agreement Addendum to the EU Standard Contractual Clauses issued by the United Kingdom Information Commissioner on March 21, 2022.

33. Description of the Parties' Personal Data Processing Activities and Statuses of the Parties

3.13.1 Schedules 1-3 attached hereto describe the purposes of the parties' Processing, the types or categories of Personal Data involved in the Processing, and the categories of Data Subjects affected by the Processing.

3.23.2 Schedules 1-3 list the parties' statuses under relevant Data Protection Law.

44. International Data Transfer

4.14.1 If DigitalOcean processes Personal Data of Data Subjects located in the EEA, Switzerland, or the United Kingdom in a country that has not received an adequacy decision from the European Commission or Swiss or UK authorities, as applicable, such transfer shall take place on the basis of DigitalOcean's certification under the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), as applicable.

4.24.2 If the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. DPF is declared invalid, or if DigitalOcean fails to re-certify for the EU-U.S. DPF, then the transfer of Personal Data will be subject to the Standard Contractual Clauses or UK Addendum, as applicable, which the parties agree will be incorporated by reference into this DPA. The parties agree that, with respect to the elements of the Standard Contractual Clauses and the UK Addendum that require the parties' input, Schedules 1-3 contain all the relevant information.

55. Data Protection Generally

5.15.1 Compliance. The parties will comply with their respective obligations under Data Protection Law and their privacy notices.

5.25.2 Customer Processing of Personal Data. Customer represents and warrants that it has the consent or other lawful basis necessary to collect Personal Data in connection with the Services.

5.35.3 Cooperation.

5.45.4 Confidentiality. The parties will ensure that their employees, independent contractors, agents, and representatives are subject to an obligation to keep Personal Data confidential and have received training on data privacy and security that is commensurate with their responsibilities and the nature of the Personal Data.

66. Data Security

6.16.1 Security Controls. Each party will maintain a written information security policy that defines security controls that are based on the party's assessment of risk to Personal Data that the party Processes and the party's information systems. DigitalOcean's security controls are described in Schedule 2.3 and Schedule 3.4.

77. DigitalOcean's Obligations as a Processor, Subprocessor, or Service Provider

7.17.1 DigitalOcean will have the obligations set forth in this Section 7 if it Processes Personal Data in its capacity as Customer's Processor or Service Provider; for clarity, these obligations do not apply to DigitalOcean in its capacity as a Controller, Business, or Third party.

7.27.2 Scope of Processing.

7.37.3 Data Subjects' Requests to Exercise Rights. DigitalOcean will promptly inform Customer if DigitalOcean receives a request from a Data Subject to exercise their rights with respect to their Personal Data Processed on behalf of Customer under applicable Data Protection Law. Customer will be responsible for responding to such requests. DigitalOcean will not respond to such Data Subjects except to acknowledge their requests or as otherwise required by applicable law. DigitalOcean will provide Customer with commercially reasonable assistance, upon request, to help Customer to respond to a Data Subject's request.

7.47.4 DigitalOcean's Subprocessors.

7.57.5 Personal Data Breach. DigitalOcean will notify Customer without undue delay of a Personal Data Breach affecting Personal Data DigitalOcean Processes on behalf of Customer in connection with the Services. Upon request, DigitalOcean will provide reasonable information to Customer about the Personal Data Breach to the extent necessary for Customer to fulfill any obligations it has to investigate or notify authorities under applicable law. Notifications will be delivered to the email address Customer provides in Customer's account. Customer agrees that email notification of a Personal Data Breach is sufficient. DigitalOcean agrees that it will notify Customer if it changes its contact information. Customer agrees that DigitalOcean may not notify Customer of security-related events that do not result in a Personal Data Breach.

7.67.6 Deletion of Personal Data. Customers with an active Service account may at any time delete its Personal Data using the available self-service features of the Services as set forth in the applicable documentation for the Service published at docs.digitalocean.com/support/. Upon deactivation of Customer's Service account, DigitalOcean will delete all Personal Data no later than 30 days following the date of de-activation, provided Customer does not undertake any action to interrupt such processing such as attempting to log back into the Service account after deactivation. Notwithstanding the foregoing, DigitalOcean may retain Personal Data as required by applicable law, or retain Personal Data it has archived on back-up systems subject to automated retention and disposal configured with such system, which such Personal Data DigitalOcean shall securely isolate and protect from any further active processing by the Services otherwise. Should you have any further questions, please contact us here www.digitalocean.com/company/contact/support.

7.77.7 Audits.

Schedule 1Schedule 1: Description of the Processing and Subprocessors

Schedule 2Schedule 2: Controller-to-Controller Information for International Data Transfers

11. Retention Periods

·DigitalOcean retains Personal Data it collects as a Controller for as long as DigitalOcean has a business purpose for it or for the longest time allowable by applicable law.

22. Information for International Transfers

·For definitions of these terms please review our Privacy Policy (Section 1)

33. Technical and Organizational Measures

Schedule 3Schedule 3: Controller-to-Processor and/or Processor-to-Processor Information for International Data Transfers

11. Subprocessors

·DigitalOcean uses Subprocessors when it acts as a Processor. Customer authorizes DigitalOcean to use these Subprocessors consistent with Section 7.4. Subprocessors are available through our Subprocessors Page.

22. Retention Periods

·DigitalOcean retains Personal Data it collects or receives from Customer as a Processor for the duration of the Agreement and consistent with its obligations in this DPA.

33. Information for International Transfers

44. Technical and Organizational Measures

Schedule 4Schedule 4: UK IDTA Addendum

·UK IDTA Addendum

·Prior Versions of our Data Processing Agreement

• ·January 21, 2026 October 31, 2025 June 14, 2022 November 30, 2021