This document provides information to help Telnyx customers conduct data transfer impact assessments in connection with their use of Telnyx products, in light of the recommendations from the European Data Protection Board.
In particular, this document describes the legal regimes applicable to Telnyx in the US, the safeguards Telnyx puts in place in connection with transfers of customer personal data from the European Economic Area, United Kingdom or Switzerland ("Europe"), and Telnyx's ability to comply with its obligations as "data importer" under the Standard Contractual Clauses ("SCCs").
For more details about Telnyx's GDPR compliance program please visit Telnyx’s Privacy Page.
STEP 1
Know your transfer
Where Telnyx processes personal data governed by European data protection laws as a data processor (on behalf of our customers), Telnyx complies with its obligations under its Data Processing Addendum available on request ("DPA"). The Telnyx DPA incorporates the SCCs and provides the following information:
Description of Telnyx's processing of customer personal data; and
Description of Telnyx's security measures.
Please refer to the DPA for information on the nature of Telnyx's processing activities in connection with the provision of the Services, the types of customer personal data we process and transfer, and the categories of data subjects.
A list of all of our data sub-processors where you can stay up-to-date on changes is available at request.
We may transfer customer personal data wherever we or our third-party service providers operate for the purpose of providing you the Services. The main processing location will depend on the particular Telnyx Services you will use, as outlined in the chart in the “Data Transfer” section of our , in each case subject to customer elections, where available, as set forth above
Data & Privacy page
STEP 2
Identify the transfer tool relied upon
Where personal data originating from Europe is transferred to Telnyx, Telnyx relies upon the European Commission's SCCs to provide an appropriate safeguard for the transfer. To review Telnyx's Data Processing Addendum (which incorporates the SCCs) please ask for a copy of the Data Processing Addendum.
Where customer personal data originating from Europe is transferred between Telnyx group companies or transferred by Telnyx to third-party subprocessors, Telnyx shall enter into DPAs with those parties.
STEP 3
Assess whether the transfer tool relied upon is effective in light of the circumstances of the transfer
U.S. Surveillance Laws
FISA 702 and Executive Order 12333
The following US laws were identified by the Court of Justice of the European Union in Schrems II as being potential obstacles to ensuring essentially equivalent protection for personal data in the US:
FISA Section 702 ("FISA 702") -- allows US government authorities to compel disclosure of information about non-US persons located outside the US for the purposes of foreign intelligence information gathering. This information gathering must be approved by the Foreign Intelligence Surveillance Court in Washington, DC. In-scope providers subject FISA 702 are electronic communication service providers ("ECSP") within the meaning of 50 U.S.C §1881(b)(4), which can include remote computing service providers ("RCSP"), as defined under 18 U.S.C. § 2510 and 18 U.S.C. § 2711.
Executive Order 12333 ("EO 12333") - authorizes intelligence agencies (like the US National Security Agency) to conduct surveillance outside of the US. In particular, it provides authority for US intelligence agencies to collect foreign "signals intelligence" information, being information collected from communications and other data passed or accessible by radio, wire and other electromagnetic means. This may include accessing underwater cables carrying internet data in transit to the US. EO 12333 does not rely on the compelled assistance of service providers, but instead appears to rely on exploiting vulnerabilities in telecommunications infrastructure.
For most companies, the concerns about national security access to company data highlighted by Schrems II are "unlikely to arise because the data they handle is of no interest to the U.S. intelligence community." Companies handling "ordinary commercial information like employee, customer, or sales records, would have no basis to believe US intelligence agencies would seek to collect that data."
There is individual redress, including for EU citizens, for violations of FISA section 702 through measures not addressed by the court in the Schrems II ruling, including FISA provisions allowing private actions for compensatory and punitive damages.
Regarding Executive Order 12333 the whitepaper notes:
EO 12333 does not on its own "authorize the U.S. government to require any company or person to disclose data." Instead, EO 12333 must rely on a statute, such as FISA 702 to collect data.
Bulk data collection, the type of data collection at issue in Schrems II, is expressly prohibited under EO 12333.
CLOUD Act
For more information on the CLOUD Act, review What is the CLOUD Act? by BSA Software Alliance outlining the scope of the CLOUD Act.
The whitepaper notes:
The CLOUD Act only permits U.S. government access to data in criminal investigations after obtaining a warrant approved by an independent court based on probable cause of a specific criminal act.
The CLOUD Act does not allow U.S. government access in national security investigations, and it does not permit bulk surveillance.
Is Telnyx subject to FISA 702 or EO 12333?
Telnyx, like most US-based companies, could technically be subject to FISA 702 where it is deemed to be a RCSP. However, Telnyx is not likely to be subject to upstream surveillance orders under FISA 702.
EO 12333 contains no authorization to compel private companies (such as Telnyx) to disclose personal data to US authorities and FISA 702 requires an independent court to authorize a specific type of foreign intelligence data acquisition which is generally unrelated to commercial information. In the event that US intelligence agencies were interested in the type of data that Telnyx processes, safeguards such as the requirement for authorization by an independent court and the necessity and proportionality requirements would protect data from excessive surveillance. To date, Telnyx has never received a US National Security Request (including requests for access under FISA 702 or direct access under EO 12333) in connection with customer personal data.
STEP 4
Identify the technical, contractual, and organizational measures applied to protect the transferred data
Telnyx provides the following technical measures to secure customer data:
Encryption: Telnyx offers data encryption at rest and in transit
Security and certifications: Additional information about Telnyx's security practices and certifications are available on request and outlined in DPA.
Telnyx's contractual measures are set out in Telnyx's DPA which incorporates the SCCs. In particular, we are subject to the following requirements:
Technical measures: Telnyx is contractually obligated to have in place appropriate technical and organizational measures to safeguard personal data (both under the Data Processing Addendum as well as the SCCs we enter into with customers, service providers).
Transparency: Telnyx is obligated under the SCCs to notify its customers in the event it is made subject to a request for government access to customer personal data from a government authority. In the event that Telnyx is legally prohibited from making such a disclosure, Telnyx is contractually obligated to challenge such prohibition and seek a waiver.
Actions to challenge access: Under the SCCs, Telnyx is obligated to review the legality of government authority access requests and challenge such requests where they are considered to be unlawful.
Telnyx's organizational measures to secure customer data include:
Policy for government access: Telnyx follows U.S. law enforcement guidance in responding to any government requests for data. To obtain data from Telnyx, law enforcement officials must provide a legal process appropriate for the type of information sought, such as a subpoena, court order, or a warrant.
Onward transfers: Whenever we share your data with Telnyx service providers, we remain accountable to you for how it is used. We require all service providers to undergo a thorough cross-functional diligence process by subject matter experts in our Security, Privacy, and Risk & Compliance teams to ensure our customers' personal data receives adequate protection. This process includes a review of the data plans to share with the service provider and the associated level of risk, the supplier's security policies, measures, and third party audits, and whether the service provider has a mature privacy program that respects the rights of data subjects.
Employee training: Telnyx provides data protection training to all Telnyx staff.
STEP 5
Procedural steps necessary to implement effective supplementary measures
In light of the information provided in this document, including Telnyx's practical experience dealing with government requests and the technical, contractual, and organizational measures, Telnyx has implemented to protect customer personal data, Telnyx considers that the risks involved in transferring and processing European personal data in/to the US do not impinge on our ability to comply with our obligations under the SCCs (as "data importer") or to ensure that individuals' rights remain protected. Therefore, no additional supplementary measures are necessary at this time.
STEP 6
Re-evaluate at appropriate intervals
Telnyx will review and, if necessary, reconsider the risks involved and the measures it has implemented to address changing data privacy regulations and risk environments associated with transfers of personal data outside of Europe.
Legal Notice: Customers are responsible for making their own independent assessment of the information in this document. This document: (a) is for informational purposes only, (b) represents current Telnyx product offerings and practices, which are subject to change without notice, and (c) does not create any commitments or assurances from Telnyx and its affiliates, suppliers or licensors. The responsibilities and liabilities of Telnyx to its customers are controlled by Telnyx agreements, and this document is not part of, nor does it modify, any agreement between Telnyx and its customers.
