Note: this article provides a general overview and does not replace legal advice.
Does the GDPR require servers in the EU?
Not directly. The GDPR does not prohibit storing data outside the EU. But it requires that personal data in third countries is equally well protected. For the USA, the EU-US Data Privacy Framework currently applies – but only to certified companies, and its predecessors (Safe Harbor and Privacy Shield) have already been struck down twice by the European Court of Justice. Hosting your data in Austria or Germany avoids this uncertainty entirely.
The problem with US providers
Even if a US cloud provider operates a data centre in Frankfurt, as a US company it is subject to American law. Laws such as the CLOUD Act can, under certain circumstances, give US authorities access to data stored by a US company – regardless of server location. For many businesses, public sector suppliers, doctors, lawyers and tax advisors, this is a risk that can easily be avoided with a European provider.
Benefits of an Austrian hosting provider
- Clear legal situation: contract under Austrian law, jurisdiction in Austria.
- No third-country transfer: data stays in the EU – no additional safeguards or risk assessments needed.
- Simple data processing: a clear data processing agreement with a contact who speaks your language.
- Low latency: shorter routes mean faster websites – good for visitors and Google ranking.
- Personal support: reachable contacts instead of call centres and anonymous tickets.
Checklist for your hosting
- Where exactly are the servers located (country, city)?
- Where is the provider based – and is it subject to US law?
- Is there a data processing agreement (DPA) under Art. 28 GDPR?
- Are subcontractors used, and where are they located?
- How and where are backups stored?
- Is the connection encrypted (SSL/TLS) and are the systems up to date?
Hosting with Evolus
Evolus IT-Solutions GmbH is an Austrian company based in Langenzersdorf near Vienna. Our servers are located in data centres in Vienna, Frankfurt and Berlin. We will of course provide you with a data processing agreement.
FAQ
Is hosting in Germany GDPR-compliant for Austrian businesses?
Yes. Germany is an EU member and the same GDPR applies. A server in Frankfurt or Berlin is just as unproblematic in terms of data protection as a server in Vienna.
Do I need a data processing agreement with my host?
As a rule yes, as soon as personal data is processed on the server – such as customer data in a shop, contact forms or emails. A reputable provider will supply such an agreement.