COMPLIANCE
Vendor Due Diligence — Data Processor
Pre-contract due diligence on a prospective data processor. Ensures Article 28 requirements are met before sharing any personal data.
Tasks in this template
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1
Request the vendor's public privacy policy and security overview D+1
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2
Request and review the Article 28 data processing agreement (DPA) D+2
Article 28(3): the DPA must specify subject matter, duration, nature and purpose, type of personal data, categories of data subjects, and the controller's obligations and rights.
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3
Review the DPA against internal DPA standards and redline deviations D+3
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4
Request the list of sub-processors and geographic locations D+5
Article 28(2) & (4): general written authorisation required for sub-processors, with the right to object. Sub-processors must be bound by equivalent obligations.
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5
Assess international transfer mechanism (SCCs, adequacy, BCRs) D+7
If transfers outside the EEA are involved, confirm a valid Chapter V transfer tool and conduct a transfer impact assessment.
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6
Review technical and organisational measures against Article 32 D+9
Article 32(1): appropriate measures considering state of the art, costs, and the risk of varying likelihood and severity. Evaluate pseudonymisation, encryption, resilience, and regular testing.
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7
Review the breach notification process and timelines D+11
Article 33(2): the processor must notify the controller without undue delay after becoming aware of a breach. Define timelines contractually.
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8
Review retention, return, and deletion procedures at end of contract D+13
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9
Request certifications: ISO 27001, SOC 2, ISO 27701, sector-specific D+14
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10
Review latest penetration test summary and SOC 2 report D+16
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11
Review business continuity and disaster recovery posture D+18
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12
Conduct or update the Data Protection Impact Assessment if needed D+20
Article 35: if processing is likely to result in a high risk, DPIA must be performed before relying on the vendor.
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13
Obtain internal stakeholder sign-off (DPO, Security, Legal) D+22
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14
Finalise and execute the DPA and MSA D+24
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15
Register the vendor in the Article 30 RoPA as a processor D+26