Do we need to disclose Fastly in our privacy policy?

Yes. Fastly processes personal data (specifically IP addresses and request headers) as a sub-processor on your behalf, which makes it a data processor under GDPR and a service provider under CCPA. You are required to disclose Fastly by name in your privacy policy and explain its role in handling user data during content delivery.

What specific data does Fastly collect and process?

Fastly collects IP addresses to route requests to the nearest edge location and request headers to optimize content delivery and cache management. It does not set cookies or collect additional personal information beyond what is necessary for CDN functionality. This data is processed only to serve content efficiently to your users.

Does Fastly require a cookie consent banner?

No. Fastly does not set cookies and does not require cookie consent. However, you must still disclose Fastly in your privacy policy because it processes IP addresses and request headers, which are considered personal data under privacy regulations regardless of whether cookies are involved.

Who is the data processor and where is data transferred?

Fastly Inc., a United States-based company, is the data processor. Data is transferred to and processed at Fastly's edge locations globally. If your users are in the EU, you should ensure a lawful transfer mechanism (such as Standard Contractual Clauses) is in place, as Fastly operates outside the EEA.

Infrastructure

Privacy policy clauses for Fastly

Fastly is a content delivery network (CDN) and edge cloud platform that accelerates website and application performance by caching and serving content from servers located geographically closer to users. Websites use Fastly to reduce latency, improve load times, and distribute traffic efficiently across global edge locations.

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What data Fastly collects

Your privacy policy must disclose each of the following data types when you use Fastly.

IP address (for CDN routing)

Request headers

When does Fastly trigger privacy obligations?

Data Flow & When Obligations Begin

The moment Fastly is deployed on your site or app, your infrastructure begins collecting and transmitting IP addresses and request headers (which may contain user-agent strings, referrer data, and custom headers) to Fastly's edge servers globally. This is not optional—it happens on every user request before your origin server is even contacted.

Regulatory Triggers

GDPR (EU/UK): If any of your users are in the EU, IP addresses are personal data under GDPR Article 4(1). Fastly processes these at edge locations outside the EU by default. You must:

–Establish a Data Processing Agreement (DPA) under GDPR Article 28 *before* deployment
–Document the lawful basis for processing (Article 6) in your privacy notice
–

Common compliance pitfalls

Pitfall 1: Missing the DPA or Treating Fastly as "Just Infrastructure"

The mistake: Many founders deploy Fastly assuming it's transparent network plumbing and don't sign a DPA. GDPR Article 28 legally requires a written contract before any processing begins.

Why it happens with Fastly: CDN deployment feels technical and automatic. Founders conflate "infrastructure" with "not data processing," but Fastly explicitly processes IP addresses and headers at scale.

Consequence: GDPR non-compliance (Article 28 violation), exposure to €10m or 2% global revenue fines (whichever is higher), and inability to legally defend your processing in a DPA audit.

Pitfall 2: Forgetting to Disclose Fastly as a Sub-Processor in Privacy Notices

The mistake: Founders update their GDPR Article 13/14 disclosures for their own tools but omit Fastly because it feels "infrastructure-level," leaving the privacy notice incomplete.

Why it happens with Fastly: IP address collection by a CDN is often taken for granted; founders don't recognize it requires the same disclosure as a CRM or analytics tool.

Consequence: ICOs (e.g., UK ICO, CNIL) flag missing sub-processor disclosures as Article 13/14 violations. Users lose transparency rights. Enforcement action typically starts here in audits.

Pitfall 3: Misconfiguring Consent if Fastly Caches Personally Identifiable Headers

The mistake: If request headers contain authentication tokens, session IDs, or custom user identifiers, and Fastly caches those responses, you've inadvertently enabled persistent cross-user data leakage without explicit consent.

Why it happens with Fastly: Fastly's default caching behavior is powerful and often misunderstood; developers don't realize they're asking Fastly to store and serve personally identifiable data.

Consequence: GDPR Article 32 breach (inadequate security), potential data breach notification obligations, and loss of user trust. In CCPA, users can request deletion of cached PII that was never disclosed.

Privacy policy clauses for Fastly

What data Fastly collects

When does Fastly trigger privacy obligations?

Data Flow & When Obligations Begin

Regulatory Triggers

First Concrete Step

Where data goes

Common compliance pitfalls

Pitfall 1: Missing the DPA or Treating Fastly as "Just Infrastructure"

Pitfall 2: Forgetting to Disclose Fastly as a Sub-Processor in Privacy Notices

Pitfall 3: Misconfiguring Consent if Fastly Caches Personally Identifiable Headers

Legal note

Sample privacy policy clause

What regulators look for

Audit Priorities

Enforcement Signals

Frequently asked questions

Do we need to disclose Fastly in our privacy policy?

What specific data does Fastly collect and process?

Does Fastly require a cookie consent banner?

Who is the data processor and where is data transferred?

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