Jurisdiction(s):
European Union

EU GDPR outsourcing: Article 28 controller–processor contracts, sub-processing, compliance steps and negotiation issues

Published by a LexisNexis EU Law expert

Practice notes

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In brief

EEA data protection regimes (covering the EU together with Iceland, Norway and Liechtenstein) aim to ensure that information relating to living persons — defined as ‘personal data’ — is treated fairly and responsibly. These rules support that. To deliver this outcome, these laws impose extensive duties on those ‘processing’ personal data and on the controllers overseeing that processing within the EEA. ‘Processing’ is construed broadly to encompass most operations on data, including storing, erasing, gathering, disclosing or using it, or handling it. A principal safeguard within EEA data protection law is the suite of responsibilities placed upon ‘controllers’ (usually those who determine the purposes and means of processing) and ‘processors’ (entities that handle personal data for a controller in line with its instructions). Among other requirements, controllers and processors are typically obliged to conclude contracts containing certain minimum clauses as a baseline and to ensure any processor they appoint is appropriate. In an outsourcing scenario, the customer will frequently be the controller and the supplier its processor. This Practice Note sets out the requirements under EEA data protection law in the context of an outsourcing arrangement in which a supplier will process personal data as processor on behalf of...

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Web page updated on 21/05/2026

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