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GDPR Compliance Risk

hCaptcha is a US-based service subject to the CLOUD Act. EU organizations using this service risk non-compliance with GDPR data transfer requirements.

hCaptcha logo

GDPR-Compliant Alternative to hCaptcha

🇺🇸Intuition Machines · US-based · Subject to CLOUD Act

hCaptcha by Intuition Machines is a privacy-focused CAPTCHA solution that helps websites prevent bots while respecting user data. It enhances security and improves user experience simultaneously.

Why You Need a GDPR-Compliant Alternative to hCaptcha

Since the landmark Schrems II ruling in 2020, transferring personal data to US-based services like hCaptcha has become a significant legal risk for EU organizations. The US CLOUD Act gives American authorities the power to access data held by US companies, regardless of where that data is physically stored — even if it's in an EU data center.

While the EU-US Data Privacy Framework (DPF) adopted in 2023 provides a new legal basis for transfers, privacy experts and legal scholars have raised concerns about its long-term viability. The framework could face the same fate as its predecessors (Safe Harbor and Privacy Shield), both of which were struck down by the Court of Justice of the EU.

For organizations that want to eliminate compliance risk entirely, switching to a European-based captcha & bot protection is the most straightforward solution. Below are the best GDPR-compliant alternatives to hCaptcha, all headquartered in Europe with data stored in EU data centers.

CLOUD Act Exposure

US authorities can access your data stored by hCaptcha, even if servers are located in Europe.

GDPR Fine Risk

Non-compliant data transfers can result in fines up to 4% of annual global revenue under GDPR Article 83.

EU Alternative Available

2 GDPR-compliant European alternatives available with full EU data residency.

2 GDPR-Compliant Alternatives to hCaptcha

European services with full GDPR compliance and EU data residency

Friendly Captcha logo

Friendly Captcha

🇩🇪

by Friendly Captcha

Friendly Captcha is a European solution designed to protect websites from bots while ensuring a seamless user experience. It replaces traditional CAPTCHA methods with a privacy-friendly approach that does not track users. The system uses cryptographic challenges to verify human interaction, enhancing security without compromising user privacy.

EU-BasedISO 27001SOC 2GDPR CompliantOpen SourceSelf-HostableEU-hosted
Migration:●●●2-4 hours

Why switch?

  • Friendly Captcha is fully GDPR compliant, ensuring EU data protection.
  • All data processed on EU servers, reducing cross-border data risks.
  • Open source nature allows for community-driven security audits.

Consider

  • Migration may require significant time to integrate with existing systems.
  • Learning curve involved in adapting to Friendly Captcha's API.
View DetailsCompareSwitch Guide
Visit Friendly Captcha
mCaptcha logo

mCaptcha

🇪🇺

by mCaptcha

mCaptcha is a European-developed tool designed to enhance online security by preventing automated bot interactions on websites. It provides a user-friendly verification process that authenticates human users without compromising user experience. Ideal for businesses looking to safeguard their online platforms.

Open SourceEU-hosted
Migration:●●●2-4 hours

Why switch?

  • mCaptcha servers are located in the EU, enhancing data sovereignty.
  • Full GDPR compliance ensures user data protection and legal adherence.
  • Open source nature allows for community audits and transparency.

Consider

  • Migration may require significant development resources and time.
  • mCaptcha's feature set may not match hCaptcha's specific offerings.
View DetailsCompareSwitch Guide
Visit mCaptcha

Quick GDPR Compliance Comparison

ServiceHQ LocationGDPR NativeEU Data CentersCLOUD Act FreePricing
🇺🇸hCaptcha
United StatesNoPartialNo-
🇩🇪Friendly CaptchaDEYesYesYes-
🇪🇺mCaptchaEUYesYesYes-

Frequently Asked Questions

Is hCaptcha GDPR compliant?

hCaptcha is a US-based service operated by Intuition Machines. While it may have some GDPR compliance measures, as a US company it is subject to the CLOUD Act, which allows US authorities to access data stored by US companies regardless of where the data is physically located. This creates a fundamental conflict with GDPR requirements for data protection.

What are the GDPR risks of using hCaptcha?

The main GDPR risks include: (1) Data transfers to the US may lack adequate protection since the Schrems II ruling invalidated Privacy Shield, (2) US authorities can demand access under the CLOUD Act, (3) Your organization may face GDPR fines up to 4% of annual revenue for non-compliant data transfers, and (4) User consent may not be sufficient to legitimize transfers given the systematic access by US authorities.

What are the best GDPR-compliant alternatives to hCaptcha?

The top GDPR-compliant alternatives to hCaptcha include Friendly Captcha, mCaptcha. These European services store your data in EU data centers and are fully subject to GDPR protections.

How do I migrate from hCaptcha to a GDPR-compliant alternative?

Most migrations involve three steps: (1) Export your data from hCaptcha using their data export tools, (2) Create an account with your chosen EU alternative, and (3) Import your data into the new service. We provide detailed migration guides for each alternative to make the switch as smooth as possible.

Can EU companies legally use hCaptcha?

Since the Schrems II ruling (2020), EU organizations face significant legal risk when using US cloud services like hCaptcha. While the EU-US Data Privacy Framework (2023) provides a new legal basis, its long-term stability is uncertain. Many EU data protection authorities recommend using EU-based alternatives to avoid compliance risks entirely.

Other GDPR Alternatives in Captcha & Bot Protection

GDPR Alternative to reCAPTCHAGDPR Alternative to Turnstile

Related Pages

Migration Resources

Last updated: February 6, 2026