Require an Article 28 processor arrangement: What procurement | AIGP
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Require an Article 28 processor arrangement: What procurement decision best addresses the evidence?

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

Require a complete GDPR Article 28 processor arrangement addressing instructions, confidentiality, security, and subprocessors.

The question

Under the GDPR in the EEA, an energy company will use a vendor as processor for maintenance records. The draft agreement states the service purpose but omits confidentiality, security, and subprocessor controls. What procurement decision best addresses the evidence?

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  1. Replace the vendor because GDPR forbids outsourced maintenance processing.
    The GDPR permits processors when an appropriate Article 28 arrangement and suitable controls are established.
  2. Require an Article 28 processor arrangement. ✓
    The company should require an Article 28 arrangement that also covers documented instructions, confidentiality, security, and subprocessors.
  3. Approve the draft because its service purpose is identified.
    Purpose language alone does not establish the complete processor arrangement required by the GDPR.
  4. Add confidentiality wording, then approve deployment.
    Confidentiality wording alone leaves the identified security and subprocessor omissions unresolved.
The trap
For a processor, check the Article 28 arrangement against all stated contractual gaps.

How to remember it

Require a complete GDPR Article 28 processor arrangement addressing instructions, confidentiality, security, and subprocessors.

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