Web Hosting Talk : Web Hosting Main Forums : Running a Web Hosting Business : Safe Harbour / EU->US question

[synapse56]

Please can somebody shed some light about safe harbour as I'm totally confused about the scenario below:

A UK based webhost but with their servers running WHMCS in the US. A customer from the EU signs-up to a paid service via WHMCS.

Does this need WHMCS to be running on a safe-harbour host?

From what I've read the answer is "no" because:

1) The web host isn't directly exporting the data, the individual in question is.
2) The web host hasn't collected the data in the EU then transmitted it to the US. The data is collected directly on a US server.

Any clarification would be greatly appreciated.

Thanks
Synapse56

[Maxnet]

But does the customer know the server is in the US?
If I enter my personal data on the website of an EU company, I have the intent to send my details to that company, and not expect it to be stored in a jurisdiction that lacks equal privacy regulations.

1) The web host isn't directly exporting the data, the individual in question is.

What if you restore a backup, or correct data manually?

[synapse56]

Thanks Maxnet for the reply - valid points.

In that case then a US-only audience would be the target and it wouldn't be legal to sign-up EU customers I guess.