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Direct answer · GDPR

When is a supplier a processor, and what must be arranged in the contract?

Short answer

A supplier that processes personal data only on behalf of and on the instructions of the customer is a processor (Article 4(8)). A contract is then required (Article 28(3)) covering, among other things, documented instructions, confidentiality, security, conditions for sub-processors, deletion or return of the data and cooperation with audits. If the supplier determines purposes or means itself, it becomes a controller for that part.

Direct answer · GDPR

Processor and data processing agreement

A supplier that processes personal data only on behalf of and on the instructions of the customer is a processor (Article 4(8)). The processing must then be governed by a contract (Article 28(3)) that provides, among other things: processing only on documented instructions; confidentiality of the persons processing the data; security in accordance with Article 32; conditions for engaging sub-processors (Article 28(2) and (4)); assistance with data subjects' requests and with the obligations of Articles 32 to 36; deletion or return of the data at the end of the service; and information and cooperation for audits. If the supplier determines purposes or means itself, it becomes a controller for that part (Article 28(10)).

For you to establish

  • Does the supplier also use the data for its own purposes, such as improving its product?

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Zahed Ashkara, jurist and freelance AI & Privacy Consultant

Behind this page

Zahed Ashkara

Freelance AI & Privacy Consultant, jurist