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GDPR-compliant data processing agreements and vendor management for organisations

GDPR Vendor Management

GDPR Article 28 requires controllers to engage only processors that provide sufficient guarantees for appropriate technical and organisational measures. A legally sound data processing agreement (DPA) governs the subject matter, duration, purpose and security measures of data processing. ADVISORI supports you in selecting and assessing processors, drafting your DPA and establishing ongoing monitoring – practical, legally compliant and efficient.

  • ✓Draft data processing agreements that meet all Article 28 GDPR requirements
  • ✓Processor due diligence covering TOMs, certifications and data protection concepts
  • ✓Establish ongoing monitoring and audit processes for data processors
  • ✓Manage sub-processors and third-country transfers in full regulatory compliance

Your strategic success starts here

Our clients trust our expertise in digital transformation, compliance, and risk management

30 Minutes • Non-binding • Immediately available

For optimal preparation of your strategy session:

  • Your strategic goals and objectives
  • Desired business outcomes and ROI
  • Steps already taken

Or contact us directly:

info@advisori.de+49 69 913 113-01

Certifications, Partners and more...

ISO 9001 CertifiedISO 27001 CertifiedISO 14001 CertifiedBeyondTrust PartnerBVMW Bundesverband MitgliedMitigant PartnerGoogle PartnerTop 100 InnovatorMicrosoft AzureAmazon Web Services

What does GDPR Article 28 require for data processing agreements and vendor management?

Our expertise in data processing

  • Extensive experience drafting data processing agreements for regulated industries
  • Proven assessment frameworks for processor due diligence and audits
  • Expertise in third-country transfers and international data protection requirements
  • Understanding of sector-specific requirements (financial services, healthcare, manufacturing)
⚠

Getting data processing right

Without a valid DPA, sharing personal data with service providers is unlawful. Article 28 GDPR requires documented instructions, technical and organisational measures and clear sub-processor provisions. Fines for violations can reach 10 million euros.

ADVISORI in Numbers

11+

Years of Experience

120+

Employees

520+

Projects

We develop a structured approach to data processing with you – from taking stock through contract drafting to ongoing monitoring of your processors.

Our Approach:

Inventory of all service providers and existing data processing agreements

Risk assessment and prioritisation based on the sensitivity of data processed

DPA drafting or revision with all mandatory content under Article 28 GDPR

Establishing regular audit and review processes for data processors

Ongoing monitoring and documentation for accountability under Article 5(2) GDPR

"ADVISORI provided invaluable support in redesigning our data processing agreements and introducing a structured processor assessment process. Through systematic evaluation of our processors and clear assessment criteria, we significantly improved data protection compliance across our supplier chain."
Sarah Richter

Sarah Richter

Head of Information Security, Cyber Security

Expertise & Experience:

10+ years of experience, CISA, CISM, Lead Auditor, DORA, NIS2, BCM, Cyber and Information Security

LinkedIn Profile

Our Services

We offer you tailored solutions for your digital transformation

DPA Drafting and Contract Design

We draft and review data processing agreements under Article 28 GDPR covering all mandatory content – subject matter, duration, TOMs, instruction obligations, sub-processors and deletion provisions.

  • DPA templates with all mandatory content under Article 28(3) GDPR
  • Review of existing data processing agreements for completeness and currency
  • Instruction rights and documentation under Article 29 GDPR
  • Contractual safeguards for deletion and return obligations at contract end

Processor Assessment and Due Diligence

We assess your data processors systematically: reviewing technical and organisational measures, certifications, data protection concepts and references before engagement.

  • Structured due diligence checklists for processor assessment
  • TOM review under Article 32 GDPR and security certification evaluation
  • Risk-based classification of processors by data sensitivity
  • Documentation of assessment results for accountability

Sub-Processor Management

We establish contractual and organisational frameworks for sub-processors – with authorisation procedures, notification obligations and enforcement rights under Article 28(2) and (4) GDPR.

  • Authorisation procedures for engaging new sub-processors
  • Contractual flow-down of data protection obligations to sub-processors
  • Controller notification and objection rights
  • Liability arrangements and enforcement rights for sub-processor violations

Processor Audits and Monitoring

We establish regular review and audit processes for existing processors – from annual reviews through event-driven audits to compliance evidence.

  • Annual compliance reviews of processors using standardised questionnaires
  • Event-driven audits following security incidents or complaints
  • Monitoring of compliance with technical and organisational measures
  • Documentation and reporting for management and supervisory authorities

Third-Country Transfers and International Processing

We advise on data transfers to third countries – with standard contractual clauses, transfer impact assessments and adequacy decisions under GDPR Chapter V.

  • Assessment of the legal basis for third-country data transfers
  • Drafting and review of standard contractual clauses (SCCs)
  • Transfer impact assessments (TIA) for high-risk transfers
  • Supplementary measures following the Schrems II ruling

Training and Process Integration

We train your business units and procurement teams on data protection requirements for processor selection and integrate DPA processes into existing procurement workflows.

  • Training for procurement and business units on Article 28 GDPR
  • Integration of data protection checklists into procurement processes
  • Practical guidance documents for processor selection
  • Building a data-protection-aware culture in vendor management

Our Competencies in DSGVO

Choose the area that fits your requirements

GDPR AI Compliance

The General Data Protection Regulation places complex requirements on AI systems through privacy-by-design principles, automated decision-making compliance, transparency obligations and algorithmic accountability for secure AI data processing. Successful GDPR AI compliance management goes beyond traditional data protection approaches and creates integrated AI governance systems that smoothly connect AI innovation, regulatory compliance and operational efficiency. We develop tailored AI compliance frameworks that not only meet regulatory requirements, but also unlock strategic AI business opportunities, minimise risks and establish sustainable competitive advantages through superior AI governance and AI data protection excellence.

GDPR Asset Management

Art. 30 GDPR requires asset managers and fund management companies to document all processing activities involving personal data without gaps. A structured data inventory forms the foundation for records of processing activities, retention policies and the implementation of data subject rights. We support financial services firms from initial assessment through the creation of records of processing activities to audit-ready documentation of technical and organisational measures.

GDPR Banking Sector

The General Data Protection Regulation presents banks and financial service providers with unique challenges due to complex customer data processing, cross-border data transfers, and strict regulatory requirements. Successful GDPR compliance in the banking sector requires more than standardized data protection approaches — it requires specialized banking expertise that smoothly connects data protection law with financial regulation. We develop tailored GDPR banking frameworks that not only ensure legal compliance but also increase operational efficiency, strengthen customer trust, and establish sustainable competitive advantages through superior data protection governance in the financial sector.

GDPR Cloud Computing

The General Data Protection Regulation places complex requirements on cloud computing environments through cross-border data transfer compliance, cloud provider due diligence, data residency requirements and multi-cloud governance structures for secure cloud data processing. Successful GDPR cloud computing management goes beyond traditional data protection approaches and creates integrated cloud governance systems that smoothly connect cloud privacy, vendor management and operational efficiency. We develop tailored cloud compliance frameworks that not only meet regulatory requirements but also unlock strategic cloud business opportunities, minimise risks and establish sustainable competitive advantages through superior cloud governance and cloud data protection excellence.

GDPR Cross-Border Transfers

The General Data Protection Regulation places complex requirements on international data transfers through adequacy decisions, standard contractual clauses, and transfer impact assessments for secure cross-border data transmission. Successful cross-border transfer management goes beyond traditional compliance approaches and creates integrated governance systems that smoothly connect international data transfer security, regulatory compliance, and operational efficiency. We develop tailored transfer frameworks that not only meet regulatory requirements but also enable strategic international business opportunities, minimize risks, and establish sustainable competitive advantages through superior cross-border governance and international data protection excellence.

GDPR Data Breach Response

The General Data Protection Regulation places complex demands on data breach response management through time-critical notification compliance, comprehensive data subject rights fulfilment, regulatory authority communication and systematic post-breach recovery processes for sustainable data protection governance. Successful GDPR breach response management goes beyond traditional incident response approaches and creates integrated governance systems that smoothly connect breach prevention, rapid response and stakeholder communication. We develop tailored breach response frameworks that not only meet regulatory requirements but also enable strategic business continuity, minimise reputational risks and establish lasting competitive advantages through superior incident management governance and data protection excellence.

GDPR Implementation

The General Data Protection Regulation (GDPR) requires systematic and sustainable implementation. We support you in the complete fulfillment of all data protection requirements.

GDPR Insurance Sector

Insurance companies process particularly sensitive personal data — from health data and creditworthiness information to risk profiles. The GDPR therefore imposes stringent requirements on the insurance sector: legal bases under Art. 6 and Art. 9, consent management, data protection impact assessments for scoring and profiling, and deletion concepts that account for insurance-specific retention obligations. We advise insurers on the practical implementation of all GDPR obligations — legally compliant, efficient and aligned with industry-specific regulations such as codes of conduct under Art. 40 GDPR and national insurance supervision requirements.

GDPR Ongoing Compliance

Ensure continuous compliance with GDPR requirements through our comprehensive ongoing compliance approach. We establish data protection governance structures, automated monitoring mechanisms, and proactive adaptation processes that guarantee lasting compliance and sustainably minimize data protection risks.

GDPR Privacy by Design

The General Data Protection Regulation places complex demands on Privacy-by-Design implementation through proactive privacy protection, privacy-as-default settings, privacy-embedded design, and full-functionality privacy balance for sustainable data protection governance. Successful GDPR Privacy-by-Design management goes beyond traditional compliance approaches and creates integrated privacy systems that smoothly connect privacy engineering, data minimization, and user privacy rights. We develop tailored Privacy-by-Design frameworks that not only meet regulatory requirements but also enable strategic business innovation, minimize privacy risks, and establish sustainable competitive advantages through superior privacy governance and data protection excellence.

GDPR Readiness

A professional GDPR readiness assessment reveals where your organisation stands on data protection. We evaluate your current maturity level, uncover compliance gaps, and develop a prioritised roadmap to full GDPR conformity.

Frequently Asked Questions about GDPR Vendor Management

When does data processing under GDPR Article 28 apply?

Data processing applies when a service provider (processor) processes personal data on behalf of and under the instructions of the controller. Typical examples include cloud hosting, external payroll processing, newsletter dispatch, IT maintenance with data access, and data carrier disposal. Purely postal services, telecommunications or banking services do not constitute data processing under Article 28.

What must a data processing agreement (DPA) contain?

Article 28(3) GDPR defines mandatory content: subject matter and duration of processing, nature and purpose of processing, types of personal data, categories of data subjects, and obligations and rights of the controller. Additionally, the DPA must address binding instructions, confidentiality, technical and organisational measures, sub-processor arrangements, data subject rights assistance, deletion after contract end, and audit rights.

How should a data processor be assessed before engagement?

The controller must verify the processor has appropriate technical and organisational measures. Assessment methods include on-site audits, reviewing certifications (ISO 27001, SOC 2, BSI C5), examining TOM documentation, checking references and data protection concepts. The assessment must be documented and repeated at regular intervals.

What role do sub-processors play in a DPA?

Article 28(2) GDPR requires the processor not to engage another processor without prior authorisation from the controller. The DPA must specify whether general or specific authorisation applies, how changes are communicated, and which contractual obligations must be passed on to sub-processors. The processor remains liable for its sub-processors.

Who is liable for data protection violations in data processing?

Under Article

82 GDPR, both controller and processor are jointly liable to data subjects. The controller is liable for the entire processing, the processor only for violations of its specific obligations or instructions. Fines under Article

83 GDPR can affect both parties – up to EUR

20 million or 4% of annual turnover.

What happens to the data after the processing relationship ends?

Article 28(3)(g) GDPR stipulates that the processor must delete or return all personal data after the end of processing – at the controller choice – and destroy existing copies. The DPA should specify concrete deadlines, return formats and deletion certificates. Statutory retention obligations of the processor remain unaffected.

How does data processing differ from joint controllership?

In data processing (Article

28 GDPR), the service provider acts under instructions for the controller. In joint controllership (Article

26 GDPR), two or more controllers jointly determine the purposes and means of processing. The distinction is crucial: joint controllership requires an arrangement under Article

26 GDPR instead of a DPA, specifying respective responsibilities and contact points for data subjects.

Success Stories

Discover how we support companies in their digital transformation

Digitalization in Steel Trading

Klöckner & Co

Digital Transformation in Steel Trading

Case Study
Digitalisierung im Stahlhandel - Klöckner & Co

Results

Over 2 billion euros in annual revenue through digital channels
Goal to achieve 60% of revenue online by 2022
Improved customer satisfaction through automated processes

AI-Powered Manufacturing Optimization

Siemens

Smart Manufacturing Solutions for Maximum Value Creation

Case Study
Case study image for AI-Powered Manufacturing Optimization

Results

Significant increase in production performance
Reduction of downtime and production costs
Improved sustainability through more efficient resource utilization

AI Automation in Production

Festo

Intelligent Networking for Future-Proof Production Systems

Case Study
FESTO AI Case Study

Results

Improved production speed and flexibility
Reduced manufacturing costs through more efficient resource utilization
Increased customer satisfaction through personalized products

Generative AI in Manufacturing

Bosch

AI Process Optimization for Improved Production Efficiency

Case Study
BOSCH KI-Prozessoptimierung für bessere Produktionseffizienz

Results

Reduction of AI application implementation time to just a few weeks
Improvement in product quality through early defect detection
Increased manufacturing efficiency through reduced downtime

Let's

Work Together!

Is your organization ready for the next step into the digital future? Contact us for a personal consultation.

Your strategic success starts here

Our clients trust our expertise in digital transformation, compliance, and risk management

Ready for the next step?

Schedule a strategic consultation with our experts now

30 Minutes • Non-binding • Immediately available

For optimal preparation of your strategy session:

Your strategic goals and challenges
Desired business outcomes and ROI expectations
Current compliance and risk situation
Stakeholders and decision-makers in the project

Prefer direct contact?

Direct hotline for decision-makers

Strategic inquiries via email

Detailed Project Inquiry

For complex inquiries or if you want to provide specific information in advance

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