Consent managementTermly and the GDPR: agreement, role and data location.
Termly is a consent management tool. Most customers use it as a processor, it explains how to get 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
- Consent management
- Usual role
- Usually a processor
- Data location
- Often United States, check your account
- Agreement
- Obtained through the vendor
What does Termly do with personal data?
Show cookie notices, record visitors’ consent choices and manage privacy documents. That is how Privacyboard describes a typical use of Termly, as a starting point you can edit.
The data usually involved: visitor consent choices, consent identifiers, IP address and device details, and the pages where consent was given.
Is Termly a processor or a controller?
Most customers use Termly as a processor: it handles personal data on their instructions, for the purposes they set. That is the common reading for consent management 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 Termly store personal data?
Termly is usually associated with United States, but the location can depend on your plan or settings. Privacyboard prefills it as a starting point that you should check in your account.
What Termly says (read on 2026-11-05): Consent logs and DSAR forms “stored and encrypted on Amazon Web Services' servers in the United States” Source: https://termly.io/privacy-center/our-policies/
How to find yours: Check your account settings or the provider’s data processing terms.
If the data is processed outside the European Economic Area, Articles 44 to 49 require a transfer mechanism, such as standard contractual clauses, an adequacy decision or the EU-US Data Privacy Framework. Your privacy policy should name it.
Which legal basis usually applies to Termly?
For the usual use of Termly, companies most often rely on legal obligation (GDPR Article 6(1)). Asking for consent before using cookies, and being able to show it was given, are required by law (GDPR Article 7(1) and the ePrivacy rules).
This is a starting point, not legal advice: the basis belongs to your activity, and you confirm it in your register.
Sources: GDPR Article 6, lawfulness of processing, CNIL: cookies and other trackers, questions and answers
Does Termly have a data processing agreement?
Checked on 5 November 2026. Vendors change their pages, so check the date.
Termly does not publish the full text of its data processing agreement on a public page. The reference page explains how a customer gets or signs it, usually from inside the account. Article 28 of the GDPR still requires a written contract, so get it and keep a copy.
What we noted when we opened the page: Policies page says customers agree to Termly's Data Processing Agreement by accepting the Terms of Use, and a copy can be requested by email. Consent logs and DSAR forms are stored on AWS in the US; SCCs used for EEA/UK transfers.
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.
Open the Termly reference pageHow to declare Termly
- 1
In your privacy policy
Name Termly as a recipient, say what it is used for (show cookie notices, record visitors’ consent choices and manage privacy documents) 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 Termly 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 Termly 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 Termly
- Check that the banner blocks non-essential tags until the visitor agrees.
- Keep consent records for as long as you may need to prove them, and no longer.
- Link your privacy policy and cookie list from the banner.
- Test the banner after any change to your site or tools.
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Questions, answered.
Is Termly GDPR compliant?
Privacyboard does not certify vendors. Compliance depends on how Termly is configured and used, on the agreement you have with it and on your own practices. What can be checked is documented here: it explains how to get a data processing agreement, the usual role and the data location. Read the agreement itself before relying on it.
Does Termly have a DPA?
Termly does not publish the full text of its data processing agreement on a public page. The reference page explains how a customer gets or signs it, usually from inside the account. Article 28 of the GDPR still requires a written contract, so get it and keep a copy. The reference page is https://termly.io/privacy-center/our-policies/.
Is Termly a data processor?
Usually, yes. Most customers use Termly as a processor that acts on their instructions. Check your own agreement and how you use the tool, because the role can differ.
Which legal basis applies when I use Termly?
For the usual use of Termly, companies most often rely on legal obligation (GDPR Article 6(1)). Asking for consent before using cookies, and being able to show it was given, are required by law (GDPR Article 7(1) and the ePrivacy rules). This is a starting point, not legal advice: the basis belongs to your activity, and you confirm it in your register.
Where does Termly store data?
Termly is usually associated with United States, but the location can depend on your plan or settings. Privacyboard prefills it as a starting point that you should check in your account. What Termly says (read on 2026-11-05): Consent logs and DSAR forms “stored and encrypted on Amazon Web Services' servers in the United States” Source: https://termly.io/privacy-center/our-policies/
Do I need to mention Termly in my privacy policy?
Yes, if Termly 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 Termly to my vendor list?
In Privacyboard, pick Termly 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.
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Privacyboard is not affiliated with Termly. 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.