I'm setting up a US-based LLC for a website aimed at users in the EU, and I want to ensure I comply with GDPR from the start. I'm based in Australia, and all my services like my database and cloud storage are hosted in the EU region. I know I need to have a Standard Contractual Clause (SCC) and a Transfer Impact Assessment (TIA), especially since my site will have user-generated content that needs monitoring and moderation.
However, I'm really concerned about how to handle data from Australia, given the country's privacy laws. My question is: can I create these SCCs and TIAs on my own to save costs, and then later get a lawyer to revise them once my site becomes profitable? I'm currently a one-person operation without employees or contractors, and I'm looking for practical advice without hiring a costly GDPR lawyer.
3 Answers
What’s your projected revenue? The fines for GDPR breaches can be related to income, so if you’re just starting, try your best to comply, but don't panic too much. Just be aware that fines can indeed be hefty, so keep that in mind as you move forward!
Just a heads-up—GDPR isn’t one-size-fits-all. Different EU countries might have their own quirks. If your servers are in Belgium, you should be fine, but it’s good to check if there are any local variations in requirements. Basically, if you're upfront about what you're doing with data and the users consent, that might cover you legally, at least in terms of a privacy policy.
I had no idea! I’m using GCP in Belgium for everything—so I’m good there I hope. Thanks for the clarity!
If you’re not storing any personal information in Australia, you shouldn’t need to worry about Australian laws in your SCCs. Just make sure to clarify where you’re sending personal data from the EU. I also made a GDPR checklist for startups that might be handy for you! Check out the link I posted in another thread—it explains a lot of the requirements clearly.
Thanks so much! I’ll definitely check that out; I’m pretty overwhelmed by all the GDPR rules.
This really helps simplify things. As long as your infrastructure stays in the EU, you won't need to stress over SCCs for data in your setup unless you start using services outside the EU.
Yeah, but that’s a bit sketchy advice—fines can hit pretty hard, it’s not a gamble to take. Audi here's a link about the actual tiers of fines.