Contracting party
For customers incorporated in Germany, Switzerland or Austria, the contracting party is Brevo GmbH in Berlin (Commercial Court Berlin-Charlottenburg, HRB 133191).
Brevo is the European tool on this list: servers in the EU, and for Austria a contract with a German GmbH. That takes a lot of work off your hands, but not all of it.
For customers incorporated in Germany, Switzerland or Austria, the contracting party is Brevo GmbH in Berlin (Commercial Court Berlin-Charlottenburg, HRB 133191).
According to its help centre, all hosting servers are in the EU: OVH as the primary host in France and Germany, plus Google Cloud in Belgium.
The data processing agreement allows processing outside the EEA, for example by sub-processors such as Cloudflare. Brevo names Standard Contractual Clauses for this and, for the US, the EU-US Data Privacy Framework for as long as it remains valid.
The data processing agreement is an appendix to the Terms of Service and applies once you accept them when creating the account.
Sign-up forms offer three confirmation options. With 'Double confirmation', which Brevo recommends, subscribers go through double opt-in.
The date and time of confirmation are logged in the transactional logs, which Brevo explicitly names as proof of consent.
Without an authenticated domain, Brevo replaces the domain part of your sender address with an address on brevosend.com.
For imports, Brevo requires consent that is no more than two years old and can be verified.
Brevo may use content and usage data to train its AI features, limited to improving the service, for example against fraud and spam.
This page is not legal advice and we are not a law firm. We report what the vendor itself documents, with a date. Vendors change their terms; the linked source in its current version always prevails.
The servers are in the EU, yet the sub-processor list includes US services. Your privacy notice should therefore not claim that data never leaves the EU; it should name the transfer and its legal basis.
Brevo records the confirmation in event and transactional logs. Logs are not an archive: if you still need the proof in three years, export it regularly.
All sign-up forms on 'Double confirmation', consent wording without a pre-ticked box, confirmation email in the right language.
Brevo code, DKIM and DMARC on your domain, so the sender address stays yours and is not rewritten to brevosend.com.
Split the list by the two-year rule, re-opt-in for older contacts, Brevo GmbH as processor in your records, regular export of the logs.
No tool is compliant on its own; it depends on the setup. Brevo brings a lot: EU hosting, for Austria a contract with Brevo GmbH in Berlin, double opt-in in the form and proof in the logs. What remains open are the US sub-processors and whether your list meets the two-year rule.
According to its help centre, only on servers in the EU: OVH in France and Germany, Google Cloud in Belgium. Processing by sub-processors outside the EEA is still possible under the data processing agreement.
With Brevo GmbH in Berlin, not the French parent company. That is also the entity to name in your records of processing.
Only if the consent is no more than two years old and can be verified. Anything older needs a re-opt-in first.
The setup costs € 890 for your whole stack. The other tools we have checked the same way:
Tell us which tools you use and where your contacts come from. In the first call we will tell you whether € 890 covers it or whether more needs fixing, honestly either way.
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