Can US and European business units share an IP address under GDPR?
Summary
What email marketers say14Marketer opinions
Email marketer from Privacy Laws & Business discusses the need to have a legal basis for processing data. This could be consent, legitimate interest, or other legal grounds. Shared IP scenarios need careful assessment.
Email marketer from Email Marketing Forum suggests focusing on data residency. Even with a shared IP, ensure EU citizen data remains within the EU to mitigate GDPR concerns.
Email marketer from Reddit explains that GDPR doesn't explicitly prohibit sharing an IP address, but the data stored and processed is key. If the IP is used to track EU citizens, GDPR applies regardless of where the business units are located.
Email marketer from Marketing Land stresses the importance of data segregation. Segment EU and US data to manage compliance effectively when sharing infrastructure.
Email marketer from Quora recommends consulting a lawyer specializing in GDPR, as it's a complex issue. They mention factors like data processing agreements and demonstrating compliance.
Email marketer from LegalStackExchange suggests incorporating Standard Contractual Clauses (SCCs) in contracts to legitimize data transfers outside the EU, even when sharing IP addresses.
Marketer from Email Geeks shares their understanding that email addresses are considered personal data and need protection at rest and in transit for GDPR compliance. Moving data out of the EU is possible if all systems and vendors meet GDPR, validated through contracts (requiring legal consultation). Moving data the other way is generally easier, but legal confirmation is still recommended.
Email marketer from Medium, recommends using a VPN to ensure GDPR compliance if there is any uncertainty.
Email marketer from LinkedIn emphasizes the importance of clear and transparent data processing notices. Users should be informed if their IP addresses are being used and for what purposes.
Email marketer from Forbes, answers that cross-border data transfers need to consider GDPR regulations, where US and EU data centers may need to be managed separately.
Marketer from Email Geeks explains that networking (e.g., sending email) involves logging, which leads to data storage. This requires awareness and checking against various laws in different jurisdictions, making it a complex matter.
Marketer from Email Geeks explains there is no reason why it should be an issue from an IP perspective - many companies use shared IPs and there is no guarantee they are sending to customers based in only EU/US etc.
Marketer from Email Geeks explains that there is no technical reason why US and European business units can't share an IP address, as long as it's associated with a common sending service or ESP.
Marketer from Email Geeks suggests treating all data as if protected by GDPR, recommends consulting with counsel due to varying data laws in the US.
What the experts say2Expert opinions
Expert from Word to the Wise explains that for international email compliance you need to focus on respecting each region's rules. Where GDPR is applicable (EU citizens are involved), it applies, regardless of the location of the business units or the shared IP, emphasizing consent, transparency, and data protection.
Expert from Email Geeks explains compliance issues are probably less about the IP address and more about where the data is stored.
What the documentation says5Technical articles
Documentation from OneTrust explains that using shared infrastructure, including IP addresses, requires a thorough DPIA (Data Protection Impact Assessment) to identify and mitigate risks under GDPR.
Documentation from Directive 95/46/EC, although superseded by GDPR, establishes the definition of data concerning health. Even though the question is not directly about health, it provides a perspective about GDPR in general.
Documentation from Article 29 Data Protection Working Party clarifies that IP addresses can be considered identifiers under GDPR, particularly when combined with other data points.
Documentation from ICO (Information Commissioner's Office) states that personal data is any information relating to an identified or identifiable natural person. This can include IP addresses if they can be linked back to an individual.
Documentation from GDPR.eu explains that IP addresses can be considered personal data under GDPR, especially if they can be used to identify an individual directly or indirectly. Thus, processing needs a legal basis.