Use an Article 28 processor agreement: Which control reflects | AIGP
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Use an Article 28 processor agreement: Which control reflects the provider’s role?

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

The instructed provider is a GDPR processor, so the clinic needs an Article 28 processor agreement.

The question

Under the EU GDPR, a medical-administration provider schedules appointments and stores billing details only on the clinic’s documented instructions. It gives no clinical advice and does not reuse the data for its own purposes. Which control reflects the provider’s role?

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  1. Complete ordinary procurement approval without privacy terms
    Procurement controls may address commercial risk, but they do not establish the GDPR requirements for a processor relationship.
  2. Require the vendor to publish a separate privacy notice
    A privacy notice does not establish documented instructions, confidentiality, security, assistance, or subprocessor conditions between clinic and provider.
  3. Use an Article 28 processor agreement ✓
    The clinic determines the purposes and instructs the provider, so the provider acts as a processor and requires an appropriate Article 28 arrangement.
  4. Classify the vendor as an internal business unit
    An external provider acting on the clinic’s behalf is not thereby an internal unit; the parties must reflect the actual controller-processor relationship.
The trap
Determine who decides purposes and essential means, then select the corresponding GDPR arrangement.

How to remember it

The instructed provider is a GDPR processor, so the clinic needs an Article 28 processor agreement.

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