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VND-003 Sub-Processor Management

Tier 2+ProviderDeployerGPAI Model ProviderManaged Service Provider

Description

A current register of all sub-processors (vendors who process personal data on behalf of the organisation as a processor) is maintained. Customers are notified of intended sub-processor changes with sufficient notice to object. Sub-processors are bound by data processing obligations equivalent to those owed to the controller. Sub-processors are subject to due diligence before engagement.

Rationale

Uncontrolled sub-processing chains are a material GDPR risk and a customer trust issue. A provider acting as a processor discloses and controls its sub-processor chain. The register here is the GDPR Art. 28 chain: the sub-processors that touch personal data, the notice a customer receives and the objection it can raise. The ICT subcontractors behind a customer-facing service, the hold on a subcontracting change until the customer has had its say and the contractual flow-down to every party in the chain are VND-015, which a customer under DORA, NIS2 or HIPAA reads alongside this control rather than instead of it.

Applicability (9 profiles)

SaaS AI Providerstablerequiredcore
Enterprise AI Deployerstablerequiredsatisfied by provider

The deployer is the controller: it obtains the provider's sub-processor register and objection route under VND-002. Where the deployer is itself a processor for its own customers, the register is its own.

GPAI Model Providerstablerequiredcore
High-Risk Provider (EU)stablerequiredcore
Public Body Deployer (EU)stablerequiredsatisfied by provider

The deployer is the controller: it obtains the provider's sub-processor register and objection route under VND-002. Where the deployer is itself a processor for its own customers, the register is its own.

DORA ICT Provider (EU)stablerequiredrole duty

This row keeps only the GDPR Art. 28 register of personal-data sub-processors. Since S8 wave B the chain DORA actually reaches, every subcontractor underpinning a critical or important function, the RTS 2025/532 Art. 5 hold on a change until the customer approves or the notice period lapses and the ITS 2024/2956 Art. 3(6) legal entity identifier per subcontractor, are VND-015.

HIPAA Business Associate (US)stablerequiredrole duty

164.308(b)(2) runs the flow-down down the whole chain: a subcontractor of a subcontractor is itself a business associate and owes the same duty onward. The sub-processor register has to reach that far.

NIS2 Cloud Provider (EU)stablerequiredcore

Framework Mappings (14)

DSP-13Personal Data Sub-processingfull
DSP-14Disclosure of Data Sub-processorsfull
DSP-13Personal Data Sub-processingfull
DSP-14Disclosure of Data Sub-processorsfull
DORA-Art.30.2.aDescription of functions and ICT services, and subcontracting permissionpartial
DORA-ITS-2024/2956-Art.3Register of information templates and data qualityinformative
GDPR-Art.28.2Sub-processor Authorisation and Controlfull
GDPR-Art.29Processing Under Controller Authoritypartial
HIPAA-164.308.b.2Subcontractor Assurancesfull
HIPAA-164.308.b.3Written Contract or Other Arrangementinformative
HIPAA-164.314.a.2.i.BBusiness Associate Contract Subcontractor Termfull
HIPAA-164.314.a.2.iiiBusiness Associate Contracts with Subcontractorsfull
A.10.2Allocating responsibilitiespartial
NIS2-CIR-5.2Directory of Suppliers and Service Providersinformative

Evidence (2)

reportdocumentmanual

Current sub-processor register listing all third parties who process personal data on behalf of the organisation in its role as a data processor.

Example: Published sub-processor list (company trust page or customer-facing documentation) and internal sub-processor register, listing each sub-processor with: name, role, data categories processed, processing location, DPA status, and notification sent date for any additions in the last 12 months

Test: Request the sub-processor register. Verify: (1) a complete and current list exists covering all vendors who handle personal data in a processing capacity, (2) processing location and data categories are documented for each, (3) a DPA is in place with every listed sub-processor, (4) the list is published or made available to customers, (5) addition notifications to customers are evidenced for any sub-processors added in the last 12 months.

contractdocumentmanual

Sub-processor agreements or DPA flow-down documentation confirming that sub-processors are bound by equivalent data protection obligations.

Example: Executed DPAs between the organisation and its sub-processors (e.g. AWS DPA, Stripe DPA), demonstrating that processing obligations from the controller's DPA are flowed down, including: processing instructions, data subject rights assistance, deletion obligations, security requirements, and prohibition on further sub-processing without approval

Test: Request DPAs for the top 5 sub-processors. Verify: (1) DPA obligations are materially equivalent to those imposed on the organisation by its customers, (2) sub-processors are prohibited from further sub-processing without the organisation's written consent, (3) deletion/return of data obligations are included, (4) DPAs are signed and current.

Questions (3)

boolean

Does your organisation maintain a current register of all sub-processors?

The sub-processor register should be publicly accessible or available to customers on request. Customer notification of sub-processor changes must occur with sufficient notice for the customer to object.

select

How does your organisation manage changes to the sub-processor list?

Customers are notified of sub-processor changes in advance (e.g. 30 days) and have a right to objectCustomers are notified of changes but with no formal objection right or notice periodThe sub-processor list is published and updated, but customers are not proactively notified of changesNo formal customer notification process for sub-processor changes

Advance notification with a right to object is the standard expected by enterprise customers and is required under GDPR Art.28.2. A published list without proactive notification is a weaker but common approach. The customer should confirm whether this satisfies their contractual requirements.

boolean

Are sub-processors bound by data protection obligations equivalent to those you owe the controller?

Answer yes only where the flow-down is in the executed agreement with each sub-processor rather than asserted in your own privacy documentation. A sub-processor engaged on its own standard terms usually is not so bound.