An Article 28 processor agreement: Which contract feature | AIGP
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An Article 28 processor agreement: Which contract feature is decisive?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

The decisive feature is an Article 28 processor agreement covering the stated obligations.

The question

Under the GDPR in the European Union, a manufacturer determines the purposes and means of using production images for quality control and hires a processor. The arrangement must cover instructions, confidentiality, security, rights assistance, subprocessor controls, and deletion or return of data. Which contract feature is decisive?

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  1. A confidentiality clause plus a quality-performance warranty.
    Those provisions may be useful, but neither supplies the complete processor arrangements required for the stated processing.
  2. A description of the supplier’s software.
    A capability description does not establish the processor’s legally relevant duties.
  3. A warranty that every quality target will be met, with audit rights.
    Performance and audit terms do not by themselves document all required instructions, assistance, security, subprocessor, and deletion or return obligations.
  4. An Article 28 processor agreement. ✓
    An Article 28 arrangement is the contract mechanism for documenting instructions and the required assistance, security, subprocessor, and deletion or return duties.
The trap
Identify the controller–processor relationship first, then look for an Article 28 arrangement rather than a single contractual safeguard.

How to remember it

The decisive feature is an Article 28 processor agreement covering the stated obligations.

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