GDPR basics for US and LATAM SaaS launching in Germany
A pragmatic checklist for foreign SaaS teams facing German data-protection expectations for the first time.
Lawful basis and data processing agreements
German buyers, especially in the public and enterprise sectors, will not sign a SaaS contract without a compliant Auftragsverarbeitungsvertrag (data processing agreement). The DPA has to reflect the actual data flows — sub-processors, hosting region, retention periods — and must be executed alongside the main contract.
Beyond the DPA, every processing activity needs a lawful basis under Art. 6 GDPR. For most B2B SaaS, this is either contract performance or legitimate interest, documented in the record of processing activities.
International data transfers
US-hosted SaaS services must document a transfer mechanism — typically Standard Contractual Clauses combined with a Transfer Impact Assessment, or reliance on the EU-US Data Privacy Framework where the vendor is certified. LATAM-based teams generally use SCCs.
German enterprise procurement teams routinely ask for these documents up front. Having them ready shortens the sales cycle significantly.
Frequently asked questions
Do I need a German data protection officer?
Is US hosting a dealbreaker for German enterprise buyers?
GDPR-ready contracts for your German launch
We draft DPAs, SCC packages and the record of processing activities alongside your commercial contracts.
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