The controller must use only processors that provide: Under data protection obligations on controllers, what
A controller must use only processors that give sufficient guarantees and bind them by a written contract, while remaining accountable.
The question
A controller engages a third-party cloud vendor to process personal data used to train its AI model. Under data protection obligations on controllers, what is the controller's core responsibility regarding that processor?
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- The controller must use only processors that provide sufficient guarantees and bind them by a written contract ✓Correct: the controller must select processors offering sufficient guarantees and govern the processing through a binding written contract.
- The controller fully transfers all of its data protection responsibilities to the processor upon signingPlausible but wrong: engaging a processor does not discharge the controller's own accountability for the data.
- The controller has no obligations because the processor alone becomes accountable for all the processingPlausible but wrong: the controller remains accountable and must ensure the processor meets requirements.
- The controller may freely ignore where the processor stores data because location never affects its obligationsPlausible but wrong: storage location can trigger cross-border transfer duties, so it cannot be ignored.
The trap
Believing that outsourcing processing transfers the controller's accountability to the processor. How to remember it
A controller must use only processors that give sufficient guarantees and bind them by a written contract, while remaining accountable.
How many of these would you get right?
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Every answer, right and wrong, comes with its own explanation.