Freshworks Data Processing Addendum prohibits Special Category data under GDPR

  • 9 November 2018
  • 1 reply
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Hi,


On the topic of GDPR, please see the following clauses in the Freshworks Data Processing Addendum:


1.3 Prohibited data: Customer shall not disclose (and shall not permit any data subject to disclose) any special categories of personal data to Freshworks for processing.


Details of the transfer 

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.


Special categories of data (if appropriate)

The parties do not anticipate the transfer of special categories of data.


Since 'special category' data is defined under GDPR as including data on 'racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.' (https://gdpr-info.eu/art-9-gdpr/), is it even possible for organisations such as healthcare providers, charities advocating for minority groups, political groups, or religious organisations to comply with GDPR when using Freshdesk?


It would seem a change in policy for groups such as this would clear up confusion?



1 reply

Are there any updates to this? We are a medical device company and I was considering FreshDesk as our helpdesk software provider. This issue seems to automatically exclude FreshWorks from my list of potential service providers. 


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