Verify Article 28 terms for instructions: Which evidence should | AIGP
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Verify Article 28 terms for instructions: Which evidence should be verified before approval?

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

Verify specific GDPR processor terms, rather than relying on privacy notices, model metrics, or general promises.

The question

An employer in the EU, subject to the GDPR, plans to use a vendor’s AI for employment screening. The vendor will process applicant data only on the employer’s documented instructions. Which evidence should be verified before approval?

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  1. Verify Article 28 terms for instructions, security, assistance, subprocessors, and deletion ✓
    These are core subjects for an appropriate GDPR processor arrangement where the vendor acts on the employer’s instructions.
  2. Inspect model accuracy and validation reports for screening
    Performance evidence does not establish documented instructions, security, assistance, subprocessors, or deletion terms.
  3. Approve the purchase order after confirming broad privacy-law compliance language
    A general compliance promise may not specify or allocate the operational processor obligations needed under GDPR Article 28.
  4. Review the vendor’s public privacy notice
    A public notice describes the vendor’s information practices but does not establish the required processor relationship or operational terms.
The trap
For processor questions, look for concrete Article 28 terms rather than certifications, performance metrics, or generic promises.

How to remember it

Verify specific GDPR processor terms, rather than relying on privacy notices, model metrics, or general promises.

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