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Entrusting the development, maintenance, or administration of a website to a non-EU freelancer, whether Indian, Pakistani (or otherwise), found on an international platform like Fiver, for example, may seem like a cost-effective option. The quote is low, the professional claims to be available immediately, and, at least on paper, the job appears simple: fix a problem, install a plugin, modify the theme, optimize the database, or work on the server.
The problem arises when that site isn't just a showcase page, but a system connected to databases, orders, customer accounts, support tickets, documents, health data, financial information, or login credentials. At that point, you're no longer just purchasing a few hours of programming. You're entrusting an external party with access to personal data, infrastructure, and company secrets.
When the employee operates from India, Pakistan, or another country outside the European Economic Area, international data transfer rules also come into play . The initial savings must therefore be weighed against the costs, liabilities, and risks that many companies only discover after an incident.
The problem is not the nationality of the coach
It's important to clarify one point right away: it's incorrect to evaluate a professional's competence or reliability based on their nationality . India, Pakistan, and many other countries boast highly qualified technicians, well-structured companies, and professionals capable of offering high-quality services.
The problem lies in the procurement model. It's one thing to sign a contract with a supplier who is identified, verified, insured, organized, and able to provide technical and legal guarantees. It's another thing entirely to hand over production credentials to a profile found on a generalist platform, chosen almost exclusively for price, and whose structure, collaborators, actual location, safety procedures, and subcontractor chain are unknown.
The issue, therefore, is not "Italian versus foreign." The real contrast is between governed professional supply and improvised outsourcing without verifiable guarantees.
A server in Europe does not prevent data transfer
One of the most common mistakes is to think that there is no international transfer because the server and database remain physically in Europe.
In fact, when a European company makes data available to a separate entity operating from a third country, remote access may fall under Chapter V of the GDPR. The freelancer doesn't need to download the entire database to their computer. It may be sufficient for them to be technically capable of viewing, consulting, copying, modifying, or extracting the information.
Access via SSH, hosting panel, phpMyAdmin, WordPress, CRM, ticketing software or remote desktop may therefore involve a transfer of data to a third country.
Even using a European VPN doesn't automatically change this conclusion. The VPN protects the communication channel and can reduce some technical risks, but the individual continues to access the data from a jurisdiction outside the European Economic Area.
India and Pakistan are not countries subject to an adequacy decision
As of 20 July 2026, neither India nor Pakistan are among the countries for which the European Commission has adopted a general adequacy decision under Article 45 of the GDPR.
This means that personal data cannot be made accessible to a provider located in those countries as easily as it is shared with a provider located in Italy, Germany, France, or another country in the European Economic Area.
The absence of an adequacy decision does not automatically prohibit the relationship. However, it requires the European company to identify a valid legal instrument, verify the specific conditions of the transfer, and adopt any additional measures.
In most outsourcing processes, the European Standard Contractual Clauses (SCCs) are used. In the typical case of a European company outsourcing technical services to a non-EU freelancer, the controller-processor model may be applicable.
The appointment as data controller is not a formality
When a freelancer or foreign company processes data under the instructions of a European company, they typically assume the role of data controller . The relationship must therefore be governed by Article 28 of the GDPR.
The contract must specifically indicate:
- the object, duration and purposes of the processing;
- the categories of data and data subjects involved;
- the confidentiality obligations of authorized personnel;
- the technical and organizational measures applied;
- procedures for managing incidents and data breaches;
- the conditions for the employment of other collaborators or sub-managers;
- the methods for returning or deleting data at the end of the assignment;
- the owner's rights of control, verification and audit.
A generic confidentiality agreement doesn't replace the appointment of a responsible person. Nor does an invoice, a chat conversation, or acceptance of the standard terms of the platform used to find the professional.
It's important to know who's actually processing the data . The name shown on the profile may not match the contracting party, the person actually performing the work, or any collaborators to whom the credentials are forwarded.
The platform terms do not replace GDPR obligations
Platforms like Fiverr and other marketplaces can be useful for finding specialized skills, but the review system isn't a GDPR verification. A high number of positive ratings may indicate that many customers are satisfied with the work, but it doesn't demonstrate that the provider has security procedures, business continuity, incident management, access control, and certified data deletion.
The platform could also become part of the data processing chain when used to send screenshots, configuration files, database exports, tickets, documents, or credentials. The location of the platform's systems and the role of any vendors must also be considered.
Commercial reputation is not equivalent to a legal or technical guarantee. A rating does not necessarily identify all parties who will access the data, does not grant audit rights, and does not guarantee the concrete possibility of obtaining assistance or compensation in the event of a breach.
The SCCs must be filled out and actually applied
The Standard Contractual Clauses are not a PDF to be archived after entering the supplier's name. They must be integrated into the contractual relationship and accompanied by attachments that precisely describe the processing.
The affected systems, data categories, purposes of access, security measures, duration, recipients, any sub-processors, and how the provider will respond to requests from the European company must be indicated.
The SCCs also impose specific obligations on the data recipient. The provider must be able to understand and comply with these obligations. Signing clauses that won't be applied in practice will not ensure compliance with the data transfer.
This is one of the weaknesses of freelancers chosen solely on price. A professional might be technically competent but lack the legal structure, documented procedures, or organizational capacity to meet the commitments required by European clauses.
SCC and contract are not sufficient without a transfer assessment
Following the Schrems II ruling and the recommendations of the European Data Protection Board, exporting companies must assess whether the tool they use guarantees, in their specific case, a level of protection substantially equivalent to that required in the European Union.
This analysis is commonly called a Transfer Impact Assessment , or TIA. It must consider the recipient country's legislation and practices, the potential access powers of authorities, the nature of the data, the sector, the technical processing methods, and the provider's actual ability to comply with the clauses.
There's no one-size-fits-all solution for every project. Occasional access to a test environment containing synthetic data presents a different risk than the ongoing administration of a healthcare portal with thousands of patient records.
Where contractual protection is insufficient, additional technical and organizational measures must be considered . If these measures do not achieve an adequate level of protection, the transfer should not be authorized.
So-called sensitive data requires even greater caution
In everyday language, we often talk about "sensitive data." The GDPR uses the term " special categories of personal data ," which includes, among other things, data concerning health, genetic or biometric data, ethnic origin, political opinions, religious beliefs, trade union membership, sex life, and sexual orientation.
A website for a healthcare facility, a psychologist, a laboratory, a trade union, or a political organization may therefore handle particularly sensitive information.
Other data, such as addresses, orders, invoices, emails, tickets, IP addresses, and payment information, do not necessarily fall under Article 9 but remain personal data. Credentials, private keys, API tokens, and passwords also require high levels of protection because they can allow access to entire company systems.
When processing is likely to result in a high risk to the rights and freedoms of individuals, a DPIA (data protection impact assessment) must be assessed . Large-scale processing of special categories of data is one of the cases expressly addressed in Article 35 of the GDPR.
Administrative access entails additional obligations in Italy
When the employee is granted server, database, network or application administrator privileges, the Italian regulations relating to system administrators must also be considered.
The individual must be identified by name, and their duties must be specifically defined. In the case of outsourced services, the data controller or processor must retain the identifying information of the individuals actually performing these activities.
Administrators' performance must be audited at least annually. Logical access must be recorded using complete, complete, and verifiable logs, which must be retained for a period of no less than six months.
Giving a shared administrative password to an unknown username makes it difficult, if not impossible, to reconstruct who performed a given action. If data is deleted, malware is installed, or the database is exported, the company may not have the information needed to understand what happened.
The minimum technical measures for external access
Direct and unrestricted access to production should be the last option, not the starting point. A reasonable setup should prioritize:
- a staging environment containing anonymous, pseudonymized, or synthetic data;
- named accounts with minimal privileges and limited duration;
- multi-factor authentication, VPNs, and bastion host systems;
- logging of administrative sessions and accesses;
- separation between code, database, backup and application secrets;
- immediate revocation of permits upon termination of the activity;
- formal procedures for incidents, exports, and file transfers.
Whenever possible, the technician should work on the code without accessing the actual data. A layout bug, a CSS change, or a PHP function update typically doesn't require consulting customer records.
The principle must be simple: no personal data should be accessible simply because it might be useful . Access must be necessary, proportionate, and documented.
The true cost of cheap freelancing
The hourly rate is only part of the cost. Legitimizing the use of a non-EU supplier may require due diligence, contracts, SCCs, TIAs, technical audits, monitoring, logging, account management, subcontractor oversight, and legal support.
If all this isn't done, the cost doesn't disappear. It simply becomes a risk.
An incident can result in site downtime, data loss, backup restoration, forensic analysis, customer communications, notifications to the Data Protection Authority, contractual disputes, and reputational damage. In some cases, the company may be required to notify the supervisory authority of a breach within 72 hours of becoming aware of it.
In addition to the operational consequences, there are also financial and legal ones. For the most serious violations, the GDPR provides for administrative fines of up to €20 million or, for businesses, up to 4% of the annual worldwide turnover of the preceding financial year, whichever is higher.
Responsibility is not transferred along with the credentials. The European data controller must select processors that provide sufficient guarantees and be able to demonstrate the checks performed. The processor also has its own obligations, but the contracting company cannot defend itself by claiming ignorance of where or by whom the data was being processed.
When a non-EU supplier can be used legitimately
International outsourcing is not prohibited. It can be a valid option when the supplier possesses specialized skills, a verifiable identity, organizational structure, security procedures, adequate contracts, and the ability to meet the obligations assumed.
Before awarding the contract, the company should at least verify:
- the identity and registered office of the contractual entity;
- who will physically carry out the work and from which countries;
- the possible presence of sub-processors;
- safety measures and incident management procedures;
- willingness to sign the nomination, SCC and technical attachments;
- the possibility of carrying out checks and obtaining documentation;
- the methods for deleting data and revoking access.
If the professional refuses to identify themselves, refuses to list collaborators, uses shared accounts, or requests to receive the actual database via chat, the low price shouldn't be considered an advantage. It's a sign of risk.
Professional systems are not purchased by simply choosing the lowest price
A company website isn't an isolated collection of pages. It's part of the organization's IT infrastructure. It can contain personal data, trade secrets, credentials, integrations with management systems, payment gateways, and external services.
For this reason, system maintenance should be entrusted to an identifiable, contractually responsible partner capable of documenting the activities performed. Geographic proximity does not automatically guarantee quality, but a relationship with an Italian or European supplier can simplify applicable jurisdiction, contractual management, audits, and data processing within the European Economic Area.
The right approach isn't choosing the closest or cheapest technician. It's choosing the supplier who offers expertise, continuity, traceability, and verifiable guarantees.
Conclusion
Entrusting a website containing personal data to a freelancer located in India, Pakistan, or another non-EEA country may be legitimate, but it should not be treated as a simple, one-time online purchase.
The European company must identify the entity that will access the data, define its role, regulate the relationship pursuant to Article 28, identify a valid basis for the transfer, prepare the SCCs where applicable, assess the third-country context, and adopt proportionate technical measures.
Above all, they must avoid the mistake of confusing a low price with low risk . In the hosting and systems fields, professionals don't just intervene on a graphical theme: they may find themselves in the position of reading, modifying, exporting, or deleting the company's information assets.
Before handing over administrative access, databases, and credentials, it is therefore appropriate to ask not only how much the work will cost, but also who will be responsible in the event of a problem, what controls will be available, and where the data will actually end up.
For companies that manage websites, e-commerce sites, applications, and databases with personal data, working with a structured systems partner like Managed Server Srl allows them to approach the project starting with infrastructure, security, access tracking, and proper delineation of responsibilities, rather than intervening only after the problem has already occurred.
