WeTransfer and Data Protection: Is Your Data Transfer GDPR Compliant?
- WeTransfer allows files to be sent without a user account.
- Although data transfer is encrypted, there is no true end-to-end encryption.
- Some personal data may be stored on US servers, with WeTransfer employing appropriate safeguards such as Standard Contractual Clauses.
- Additional encryption or alternatives like SwissTransfer are recommended.
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How does sending data with WeTransfer work?
Sending data via WeTransfer is relatively simple. Users can upload their files directly to the WeTransfer website. This requires both the sender's and recipient's email addresses. Additionally, there is an option to add a personalized message to the files. A user account is not required for this. However, especially when personal documents and personal data like email addresses are involved in the transfer, users often wonder if their data is secure with the services used. WeTransfer scores points for security in that data is uploaded encrypted. The service also sends the link to retrieve the data encrypted. Nevertheless, WeTransfer has one or two gaps when it comes to data security. So, what about data protection with WeTransfer?
Is data transfer with WeTransfer secure?
The issue of data protection with WeTransfer is complex – and not without weaknesses. While all data is encrypted during transfer via TLS (Transport Layer Security) and during storage with AES-256 (Advanced Encryption Standard), this is not end-to-end encryption. WeTransfer itself manages the keys and can technically decrypt files for server-side processes. Furthermore, this means that the data is not completely secure at certain moments during encryption and decryption.
Additionally, to retrieve files sent via WeTransfer, only the notification email containing a download link is necessary. Anyone who has access to this email – for example, through Phishing, insecure mail servers, or forwarding – can potentially also retrieve the data.
Furthermore, while data from EU citizens is stored on servers within the EU, primarily in Ireland, according to the company's privacy policy, due to WeTransfer's collaboration with global partners, it is possible that some data may be stored on servers in the USA and be subject to different legal access there – even if technically stored encrypted. A data protection-compliant transfer to such third countries is only permissible under certain conditions, for example, through an adequacy decision, as well as Standard Contractual Clauses (SCC) and additional security measures.
Who has access to my WeTransfer data?
Additionally, WeTransfer is regularly criticized for its General Terms and Conditions (GTC) and the associated access rights to transferred content. Section 6.3 of the GTC grants WeTransfer certain usage rights to copyrighted content. This clause caused controversy in 2025 and remains part of the terms and conditions. Anyone who uploads content grants WeTransfer a royalty-free license to use it. While the clause emphasizes that this happens in accordance with WeTransfer's privacy policy, it remains difficult for companies to verify how far these rights actually extend in individual cases.
For data-sensitive organizations – especially in the healthcare sector, in law firms, or in industry – this poses a significant risk. This is because data sovereignty no longer rests exclusively with the sender.
Checklist for Data Protection Officers: Using WeTransfer in compliance with GDPR
- Check legal basis: Is the transfer of personal data to relevant service providers permitted under Art. 6 GDPR?
- Maintain data sovereignty: Who analyzes, stores, or monitors the content for their own purposes?
- Conclude a DPA: For pseudonymized or personal data, a valid data processing agreement must be concluded.
- Consider third-country transfers. Is there an EU/EEA service, or is the transfer to third countries?
Practical Tip: Pay attention to GTC clauses that permit extended use, such as for machine analysis or optional data storage.
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Looking for a WeTransfer alternative?
In conclusion, the use of WeTransfer can be problematic for data controllers. Solely due to the potential storage of data on US servers, it is not advisable to send sensitive data via WeTransfer. Sensitive data or even special categories of personal data within the meaning of Art. 9 GDPR should generally not be transferred unencrypted to providers like WeTransfer. One way to better protect data sent via WeTransfer is to use additional encryption methods, which can be employed, for example, when using archiving software like 7-Zip. However, it must be considered that recipients also need to use the program to unpack and decrypt the files after downloading.
For those who find this too complicated, there are alternatives to WeTransfer that store data exclusively within the EU. Here's a comparison with SwissTransfer – a Swiss tool developed specifically with a focus on European data protection:
While WeTransfer offers some encryption methods for data protection, questions remain about whether all data is truly stored on EU servers and how WeTransfer uses content to improve and operate its services. For those seeking a WeTransfer alternative, SwissTransfer has come to the right place.
*WeTransfer uses a global infrastructure.
**GDPR equivalent
4 Steps for GDPR-Compliant File Transfer in Your Business
- Assess your requirements: Large media files, sensitive health or personal data?
- Evaluate providers based on data protection standards: Encryption, data location, access rights – all crucial.
- Implement T&C checks and DPA processes: Even for seemingly free offers.
- Use tools like Swiss Transfer or data protection software with GDPR certification.
You've read the 4 steps – but how do you actually implement them in your company? Our GDPR experts help you with, among other things, compliance checks, risk assessments, and concrete recommendations for action. The result: legal certainty, clear processes, no risk of fines.
Compliance Conclusion: Why Choosing a File Transfer Tool is Critical
Choosing a file transfer service is a compliance decision – not a matter of convenience. The GDPR demands clarity and control over data access.
Your next steps:
- Ask the provider specifically about control and access rights
- Use privacy-friendly alternatives
Do you have further questions on this topic? Our experts will be happy to advise you free of charge.
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