Applies toEUDE

Data Processor

Definition under Article 4(8) GDPR — a service provider that processes on behalf of another

TL;DR

A data processor under Article 4(8) GDPR is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller. The relationship is governed by a DPA under Article 28.

What is a data processor?

Typical data processors:

  • IT hosting providers (AWS, Azure, GCP, Hetzner)
  • Cloud software (Microsoft 365, Salesforce, HubSpot)
  • Newsletter tools (Mailchimp, Brevo, CleverReach)
  • Payroll service providers
  • IT maintenance with access to data

NOT data processors:

  • Tax advisers (BayLDA 2024 — controllers in their own right)
  • Banks (own statutory obligations)
  • Postal dispatch (technical delivery)

Practical example

Practical example — a mechanical engineering firm with 30 staff has the following processors:

  1. Microsoft (M365 hosting) — DPA in place
  2. Mailchimp (newsletter) — DPA + DPF guarantee
  3. HubSpot (CRM) — DPA in place
  4. External payroll accountant — DPA (where qualifying as a processor)
  5. IT systems house (maintenance) — DPA in place

Frequently asked questions

What must a DPA contain?
8 mandatory elements (Article 28(3)): subject matter, duration, nature and purpose, categories of data, obligations, confidentiality, sub-processing, assistance with data subject rights + technical and organisational measures.
Who checks the processors?
The controller bears the duty to select and monitor them. In practice: an annual review of the processor list + a risk-based review of the technical and organisational measures.
Who is liable for a processor's breach?
Primarily the controller (externally). The processor is additionally liable for its own breaches of duty — internal recourse via the DPA.

See also

Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, consult a qualified lawyer.