Classify roles by actual purposes: Which contract approach | AIGP
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Classify roles by actual purposes: Which contract approach is required for the described arrangement?

AIGP Understanding How to Govern AI Deployment and Use Medium

Determine GDPR roles from actual purposes and means; labels and outsourcing do not decide whether the supplier acts independently.

The question

A public-benefit agency in the European Union determines the purposes and means of processing beneficiary records under the GDPR. Its AI supplier proposes using those records to improve the supplier’s own general service. Which contract approach is required for the described arrangement?

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  1. Classify roles by actual purposes. ✓
    GDPR roles depend on who determines purposes and means; a supplier’s own purpose may create controller responsibilities beyond processor status.
  2. Accept the supplier’s processor label.
    Marketing or contract labels do not settle GDPR roles when the supplier proposes an independent purpose for using beneficiary records.
  3. Permit reuse because outsourcing transfers the agency’s accountability.
    Under the GDPR scope stated, outsourcing does not remove the agency’s accountability or automatically authorize the supplier’s independent reuse.
  4. Use a standard processor agreement without addressing reuse.
    A processor arrangement must reflect processing on the agency’s behalf, while independent reuse requires examining the supplier’s actual role.
The trap
When a supplier proposes its own purpose, reassess roles instead of relying on the contract label or procurement description.

How to remember it

Determine GDPR roles from actual purposes and means; labels and outsourcing do not decide whether the supplier acts independently.

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