Luminance
Data storage 2/3
What the vendor states (our summary):
Customer-selected AWS region, backups in same region
What this means: EU/EEA, or selectable region including Switzerland. Where data rests decides which law and which authorities can reach it. Swiss firms often require Swiss residency for client matters.
Where the AI runs / sub-processors 2/3
What the vendor states (our summary):
Core: not sent to external model provider; optional generative features via Azure/Google/OpenAI, location set by customer
What this means: Switzerland plus EU/EEA. Storage and AI processing are often in different places. A tool can store data in Zurich and still send prompts to models in another country.
US Cloud Act exposure 1/3 ⚖︎
What the vendor states (our summary):
UK vendor on AWS; optional US-parent AI providers
⚖︎ Judgment call: Non-US vendor, but hosted on AWS with optional US-parent AI providers.
What this means: Non-US vendor on US-parent clouds/models. The US CLOUD Act lets US authorities require US providers to disclose data in their possession, custody or control, wherever it is stored. This score is always an editorial judgment call.
Art. 321 SCC auxiliary terms 2/3
What the vendor states (our summary):
Mutual confidentiality clause (Master Agreement cl. 13); no auxiliary-person term
What this means: General confidentiality claim, no auxiliary-person term. Under Art. 321 SCC, auxiliaries of a lawyer are bound by professional secrecy, and Art. 13 para. 2 BGFA/LLCA makes the lawyer responsible for ensuring they respect it. Written auxiliary terms help document that.
revFADP / GDPR processing agreement 2/3
What the vendor states (our summary):
Public DPA (GDPR, Art. 28) incorporated into the Master Agreement; Swiss-U.S. DPF certification; FADP not named
What this means: GDPR DPA or US framework certification only. Art. 9 revFADP and Art. 28 GDPR require a contract (or legal basis) when a processor handles personal data on your behalf.
No training on customer data 2/3
What the vendor states (our summary):
Licence to use customer data for product improvement/private learning; usage insights exclude confidential info
What this means: Allows de-identified/usage-based improvement. If customer data trains a model, confidential content could surface elsewhere. Look for a contractual ban that also binds model providers.
ISO 27001 / SOC 2 3/3
What the vendor states (our summary):
ISO/IEC 27001 (certificate on request)
What this means: Own ISO 27001 or SOC 2 Type II. Independent audits (ISO 27001, SOC 2 Type II) give evidence that security controls exist and are tested.
What to ask this vendor
- Data storage In which country and data centre are our documents, prompts, outputs and backups stored?
- Data storage Can we contractually fix storage in Switzerland?
- Where the AI runs / sub-processors In which countries do the AI models process our prompts, including fallback or peak-load routing?
- Where the AI runs / sub-processors Please provide the full sub-processor list with locations, and how we are notified of changes.
- US Cloud Act exposure Is your company or any sub-processor in the processing chain a US company or a subsidiary of one?
- US Cloud Act exposure How would you respond to a foreign government request for our data, and will you notify us?
- Art. 321 SCC auxiliary terms Will you contractually accept auxiliary-person (Hilfsperson) status under Art. 321 SCC and pass it to sub-processors?
- Art. 321 SCC auxiliary terms Who at your company or at sub-processors can access our content in clear text?
- revFADP / GDPR processing agreement Please send your DPA. Does it reference the Swiss revFADP as well as the GDPR?
- revFADP / GDPR processing agreement Which transfer mechanism covers any processing outside Switzerland/EEA?
- No training on customer data Is it contractually excluded that our data trains or fine-tunes any model, including the model providers’ models?
- No training on customer data What is retained by model providers (abuse monitoring, logs), and for how long?
Informational only, not legal advice. Results reflect vendors’ public statements on the date checked and our scoring rules. Verify contracts yourself before using any tool with client data.