Email marketingEmailOctopus and the GDPR: agreement, role and data location.
EmailOctopus is a email marketing tool. Most customers use it as a processor, it publishes its data processing agreement, and the data location depends on your account. Below: what to check and how to declare it.
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In short
- Category
- Email marketing
- Usual role
- Usually a processor
- Data location
- Set per account or project
- Agreement
- Published by the vendor
What does EmailOctopus do with personal data?
Manage mailing lists and deliver marketing campaigns. That is how Privacyboard describes a typical use of EmailOctopus, as a starting point you can edit.
The data usually involved: names, email addresses, subscription preferences, campaign content and engagement data where enabled.
Is EmailOctopus a processor or a controller?
Most customers use EmailOctopus as a processor: it handles personal data on their instructions, for the purposes they set. That is the common reading for email marketing tools and it is what Privacyboard suggests.
As a processor, it needs a written agreement with you under Article 28, and you should know which subprocessors it uses. Confirm the role against your own agreement, because the way you use a tool can change it.
Where does EmailOctopus store personal data?
EmailOctopus does not have one fixed location for every customer. The location depends on the plan, the account and the services you enable.
How to find yours: Check your account settings or EmailOctopus’s data processing terms for where your data is stored.
Even when the main location is in the EU, ask whether subprocessors or support access involve a transfer outside the EEA, and record it if so.
Does EmailOctopus have a data processing agreement?
Checked on 1 November 2026. Vendors change their pages, so check the date.
Yes. EmailOctopus publishes the text of its data processing agreement as a PDF on its own website. Article 28 of the GDPR requires a written contract with every processor, so this is the document to read and keep.
What we noted when we opened the page: EU Data Protection Terms PDF, file name suggests July 2022; no date inside and signature block blank. Entity is Three Hearts Digital Ltd. Allows transfers outside the EEA; no hosting location stated.
A page that exists does not mean you are covered. Whether the agreement applies to you depends on your plan and on what you accepted, so record the decision yourself in your vendor list.
Read the EmailOctopus agreementHow to declare EmailOctopus
- 1
In your privacy policy
Name EmailOctopus as a recipient, say what it is used for (manage mailing lists and deliver marketing campaigns) and mention any transfer outside the EEA. Articles 13 and 14 ask you to tell people who receives their data.
- 2
In your vendor list
Add EmailOctopus with its purpose, the data involved, its role, its region and a link to the agreement. Privacyboard prefills all of this, you confirm or correct it.
- 3
In your processing register
Link EmailOctopus to the activities that use it, so each record shows its recipients. Article 30 asks the register to list the categories of recipients.
What to check before relying on EmailOctopus
- Keep proof of consent and a working unsubscribe for every list.
- Check what engagement tracking is on, such as opens and clicks, and mention it in your policy.
- Record the region and any transfer outside the EEA.
- Make sure you can find and erase one subscriber across lists.
Questions, answered.
Is EmailOctopus GDPR compliant?
Privacyboard does not certify vendors. Compliance depends on how EmailOctopus is configured and used, on the agreement you have with it and on your own practices. What can be checked is documented here: it publishes a data processing agreement, the usual role and the data location. Read the agreement itself before relying on it.
Does EmailOctopus have a DPA?
Yes. EmailOctopus publishes the text of its data processing agreement as a PDF on its own website. Article 28 of the GDPR requires a written contract with every processor, so this is the document to read and keep. You can read it at https://wordpress-media.emailoctopus.com/blog/uploads/2022/07/EmailOctopus-DPA-Final-4-July-22.pdf.
Is EmailOctopus a data processor?
Usually, yes. Most customers use EmailOctopus as a processor that acts on their instructions. Check your own agreement and how you use the tool, because the role can differ.
Where does EmailOctopus store data?
EmailOctopus does not have one fixed location for every customer. The location depends on the plan, the account and the services you enable. How to find yours: Check your account settings or EmailOctopus’s data processing terms for where your data is stored.
Do I need to mention EmailOctopus in my privacy policy?
Yes, if EmailOctopus handles personal data for you. The GDPR asks you to tell people who receives their data (Articles 13 and 14). Name the vendor or its category, say what it is used for and mention any transfer outside the EEA.
How do I add EmailOctopus to my vendor list?
In Privacyboard, pick EmailOctopus from the catalog. The purpose, the data, the suggested role and a link to its agreement are prefilled, and you confirm each one. Creating a workspace is free.
Privacyboard is not affiliated with EmailOctopus. Names and logos belong to their owners and are used only to identify the tool. This page summarises public documents as checked on 1 November 2026; it is guidance, not legal advice, and it does not certify any vendor.