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The General Data Protection Regulation (GDPR) is the new legal framework of data protection law across the EU and is due to come into force on 25th May 2018. Contrary to Directive 95/46/EC, which governed this processing prior to this point, the GDPR has direct effect within the Union and does not need to be transposed at national level. In this way, it will aim to harmonise laws governing the processing of personal data across Europe. Even better, the GDPR enshrines a principle of extraterritoriality, which means that, in certain circumstances, the scope of its application can be extended beyond the frontiers of Europe.

If you are an organisation that processes personal data, you are highly likely to be governed by the provisions of the GDPR. In this regard, you are subject to obligations and must abide by them. The same is true of Nuclear.Hosting, which, in view of its situation, is bound by different obligations, in its capacity as a processor and as a data controller.


Understanding the real, specific issues at stake in European regulations is not always an easy task, especially when the regulation in question contains 99 articles, 173 recitals and numerous lines of guidance on how it will apply. Understanding these issues is nonetheless essential in order to avoid any risks that may arise from an excessively broad or imprecise interpretation of your organisation’s regulatory obligations. A proper understanding of the terms defined below is therefore essential:

  • Personal data: any information relating to an identified or identifiable real person. An identifiable real person is defined as any real person who can be directly or indirectly identified.
  • Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collecting, recording, transmission, storage, conservation, extracting, consultation, use, disclosure by transmission and so on.
  • Controller: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • Processor: the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Nuclear.Hosting as a processor

It is undoubtedly in this last scenario that you will deal the most frequently with Nuclear.Hosting. Nuclear.Hosting is classed as a “processor” when it processes personal data on behalf of a data controller.

This will typically be the case when you use the services of Nuclear.Hosting and you store personal data on an Nuclear.Hosting infrastructure. Within the limit of its technical restrictions, Nuclear.Hosting may process any data stored solely in accordance with your instructions, and on your behalf.

Nuclear.Hosting’s commitments as a processor

As a processor, Nuclear.Hosting commits to:

  • Processing personal data solely for the purposes of carrying out the services correctly: Nuclear.Hosting will never process your information for any other purposes (marketing, etc.).
  • Keeping your data inside the EU and only in countries recognised by the European Union as offering a sufficient degree of protection, provided that you do not select a datacentre located in a geographical area outside the EU.
  • Informing you if we have enlisted a subcontractor to process your personal data: to date, no services involving any access to data you have stored as part of the service have been subcontracted outside the Nuclear.Hosting Company.
  • Applying strict security standards to provide a high level of security for our customers.
  • Reporting any data breach to you without “undue delay”.
  • Helping you meet your own regulatory obligations, by providing you with adequate documentation of our services.

FAQ: Nuclear.Hosting’s as a processor

Who owns the personal data used and stored by the customer as part of the services?
When may Nuclear.Hosting access the data stored and used by the customer as part of its services?
What are Nuclear.Hosting's commitments in terms of data location?
Is the data belonging to Nuclear.Hosting's European customers transferred outside the European Union?

Nuclear.Hosting as a data controller

Nuclear.Hosting is classed as a “data controller” when we determine the purpose and method of “our” personal data processing.

This is typically the case when Nuclear.Hosting collects data for billing, managing accounts receivable, improving the quality of services and performance, sales prospecting, commercial management, etc. But it is also the case when Nuclear.Hosting collects personal data on its own employees.

In this scenario, ‘your’ data – the data that you store on Nuclear.Hosting’s services – is not affected. On the other hand, certain information concerning you or concerning your employees (the identity and contact details of your contact person at Nuclear.Hosting part of a request for technical assistance, for example) may be. This is why Nuclear.Hosting is keen to explain the guarantees put in place to ensure that this personal data is protected. Nuclear.Hosting commits to:

  • Limiting the data collected to what is strictly necessary: as part of this approach, when you order a service, you enter only the data required by Nuclear.Hosting for billing or support purposes, or to make sure we meet our own legal obligations on data conservation.
  • Only using the data it collects for the purpose for which it was collected.
  • Conserving personal data for a limited and proportionate time. For example, data processed for the purpose of managing relations between a customer and Nuclear.Hosting (surname, first name, postal address, email address, etc.) is conserved by the company for the full duration of the contract and for thirty-six (36) months thereafter. At the end of this period, the data is deleted from all media and backups.
  • Not transferring this data to third parties other than companies associated with Nuclear.Hosting and acting as part of the performance of the contract. As part of these intra-Group transfers, some data may be transferred outside the European Union, based on the binding corporate rules implemented by the Nuclear.Hosting Group.
  • Implementing appropriate technical and organisational measures to ensure a high degree of security.


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