GDPR and European clients

General Discussion
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Figma is based in the US and they are legally basing the transfer of personal information from the EU to the US on the now defunct “Privacy Shield”.

Neither their Terms of Service nor their privacy policy refer to the still “valid” Standard Contractual Clauses – which are used by the likes of HubSpot, Google etc., but which are by 100% legal definition are also considered to be invalidated by the EU court privacy shield as we as a company would need to check and ensure that equally appropriate protection of the data is possible in the US. This is not possible based on PATRIOT and CLOUD acts.

Can anyone from Europe state how you are dealing with this matter? Closing your eyes and hoping employees won’t sue you (which really is VERY unlikely) or do you have legal departments accepting these terms and conditions?

I am in the situation where I am not allowed to start using Figma - as the terms and conditions doesn’t make us able to for GDPR and legal reasons. So is a bunch of our sister companies.

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2

We are having the same issues and are planning to openly communicate with our clients. We are also thinking of writing up a document that clients have to sign so we are not liable anymore. But we are still researching. I wonder if Figma is planning to create and use European servers. That would make it a lot easier regarding compliance.

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I’ve got the same question. Does have Figma any plans on start using servers in Europe? I am not able to use Figma now.

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Our company is located in Germany. Our legal department is always alert to services from the United States. At the moment they are checking whether we can use Figma in the future or not. On the other hand, there are no other alternatives.

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6

Legal check is done. Figma is safe to use :smiley: (for us)

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Not for us, sadly. Our company can not accept tools with data being transferred to US servers. Which means that we’ll have to work wih Adobe XD… (not fun).

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I do wonder why the Figma team never cared to reply to this thread for over a year… That kind of support ethic does not inspire confidence for what the support would be if be could actually adopt Figma. Maybe those newer alternative tools are worth a look after all.

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I have the same problem (company in germany). How did you managed that?

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We haven’t. We’re in the process of abandoning Figma for XD, sadly - but obviously nobody cares at Figma, so we’re out of options.

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Hey everyone - first, our apologies that we didn’t seem to catch this thread until now.

For surface-level information, we have this article available with information on GDPR policy and compliance: https://help.figma.com/hc/en-us/articles/360041060434-General-Data-Protection-Regulations-GDPR-

For specific information with regard to your individual situation: please reach out to your Figma Sales rep with all legal questions. We can share our Privacy FAQs and our Data Processing Agreement that cover these topics in further detail.

I will be closing this topic and marking this answer as the solution for visibility. Feel free to create a new topic, or reach out to support@figma.com with any other questions that come up.

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