U.S.-based CXP providers are subject to laws like the Cloud Act and FISA, which allow U.S. authorities access to data—even if stored within the EU. The Schrems II ruling clarified standard contractual clauses (SCCs) alone are insufficient for GDPR compliance, and security measures such as full encryption is often not technically feasible for platforms that process customer data. Trump has dismissed the judges serving on the council responsible for overseeing the current data transfer framework (DPFW), which raises concerns that this legal basis could be reversed at any time.

Unlike solutions designed specifically for the EU/UK market, many U.S.-based CXPs lack built-in compliance with regional legal frameworks. Some even promote marketing practices that conflict with GDPR, such as relying on legitimate interest for cookies in “Abandoned Cart” emails. Additionally, their approach to data deletion and customer rights may not fully align with GDPR’s strict requirements.​

They are often not aligned with AI legislation and use your data for their own purposes.​

Using a U.S.-based CXP solution could expose your business to regulatory fines and customer complaints. Several European authorities have already sanctioned companies for non-compliant data transfers, and EU regulators—particularly the Norwegian, the Dutch, the Belgian and German data protection authority —have been proactive in enforcing GDPR against such risks.​