August 9, 2025
2 min read
The General Data Protection Regulation (GDPR) explicitly defines a data processor as "a person, agency, public authority, or any other body which processes personal data on behalf of the data controller" (Regulation (EU) 2016/679, Art. 4(8)). This definition emphasizes the processor's role as an entity that does not own or control the data but acts strictly under the instructions of the data controller.
Central to the GDPR framework is the distinction between data controllers and data processors. While controllers determine the purposes and means of processing personal data, processors merely execute processing tasks. This distinction is crucial because it shapes the scope of legal responsibilities and regulatory obligations. Data processors, although not accountable for overall compliance in the same way controllers are, are required under Article 28 to:
Examples commonly cited for data processors include third-party services such as:
These processors handle personal data per contractual agreements but do not decide the purpose or means of processing, distinguishing them from controllers (Voigt & Von dem Bussche, 2017).
The legal framework places responsibility on processors to maintain high standards of data protection but does not grant them the autonomy to make decisions regarding data usage. This limits processors' liability primarily to adherence to controller instructions and GDPR compliance in their processing activities. Failure to comply may result in penalties, underscoring their critical role in the data protection ecosystem (Kuner, 2018).
In summary, the GDPR positions data processors as entities that perform processing tasks under the directive of controllers, mandating strict adherence to security measures and lawful instructions without ownership or decision-making authority over the personal data they handle.
