Why does the data processing contract state that data will be processed in the United States of America when we store the data in an EU data center?

Wasabi is a US based company and its G&A function including administrative and support functions, are based predominately out of the United States. Wasabi, may, in the course of providing and assisting with the Services, access or process a customers’ data from the US. This includes information related to usage of the service, data necessary for billing or account-related communications, or data related to troubleshooting or support activities. However, Wasabi does not access the content uploaded by customers to a storage bucket in order to provide services. Nonetheless, certain employees, including those in the support team, may have access to certain metadata about the content stored in a bucket, such as the size of object files.

Wasabi prioritizes the protection of customer privacy and ensures that customer data is not voluntarily disclosed to law enforcement. Additionally, the company encrypts customer content at rest to prevent unauthorized access. However, Wasabi is obliged to comply with US law. In response to the Schrems II decision, US President Biden signed an Executive Order on October 7, 2022, which includes further safeguards limiting access to data by US intelligence agencies. Accordingly, law enforcement requests are likely to be very uncommon. However, if such a request is received, Wasabi will challenge any legal request it believes is improper and / or seek to have the request made directly to you. Only if required by law, Wasabi will provide the limited information it has access to. Unless prohibited from doing so, Wasabi will notify you of any such request. Additionally, customers have the option to encrypt their content before uploading it to the Services, in which case Wasabi will not have access to it, even if compelled. Also, please note that the European Commission is in the process of adopting an adequacy decision for the United States( https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7631).