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A subprocessor is a processor engaged by another processor to handle personal data on the processor’s behalf. The controller is at the top of the chain: it determines the purposes and means of processing, authorises downstream processing, and retains its own oversight duties. Under GDPR Article 28, the processor needs the controller’s prior specific or general written authorisation before engaging a subprocessor.
What is a subprocessor?
A subprocessor is a downstream provider that processes personal data on behalf of a processor, following that processor’s instructions. For example, an organisation may hire a cloud provider to store personal data; if the cloud provider hires another service to perform part of that entrusted processing, the second service may be a subprocessor.
The label alone does not settle a provider’s legal role. Look at what it does with the data, whose purposes it serves, and whose instructions govern the processing. The UK Information Commissioner’s Office (ICO) notes that “sub-processor” is useful shorthand, not a term taken from the UK GDPR itself. ICO guidance on contract terms
What is the difference between a controller, processor, and subprocessor?
The distinction is about the relationship and instructions, not simply which organisation handles the data.
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| Role | What it does | Whose instructions govern its processing? |
|---|---|---|
| Controller | Determines the purposes and means of processing personal data. | It determines the processing purposes and means, subject to applicable law. |
| Processor | Processes personal data on behalf of a controller. | The controller’s. |
| Subprocessor | Processes personal data on behalf of a processor as part of the processor’s work for the controller. | The processor’s, within the authorised arrangement. |
A typical chain is controller → processor → subprocessor. A further downstream processor may sit after the subprocessor. The European Data Protection Board’s Opinion 22/2024 and its small-business guide describe these roles in terms of processing on behalf of another party and following its instructions.
What are examples of subprocessors?
The same provider can have different roles in different arrangements. A downstream service is a subprocessor only when it processes personal data for a processor as part of that processor’s entrusted work.
- Cloud storage: An organisation may be the controller and a cloud provider its processor. If that provider uses another service to carry out part of the personal-data processing, that downstream service may be a subprocessor.
- Magazine mailings: A company that manages subscriptions and home mailings for a publisher may act as the publisher’s processor. A provider handling subscriber data for the mailing company may sit further down the chain.
- Marketing services: A marketing company sending vouchers to a hairdresser’s customers on the hairdresser’s behalf may be a processor. Another provider it uses to process the customer data may be a subprocessor.
These examples reflect relationships described by the ICO; they do not establish any named provider’s role in every customer arrangement. Check the actual service, data flows, instructions, and contracts.
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Does a controller have to approve subprocessors?
Under Article 28(2) of the EU GDPR, a processor may not engage another processor without the controller’s prior specific or general written authorisation. The same basic framework appears in UK GDPR guidance, but national and sector-specific rules may differ. See EU GDPR, Regulation (EU) 2016/679 and the ICO’s contract guidance.
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The controller approves a particular downstream provider and processing activity before the processor engages it. This can give the controller a focused review point for that arrangement.
General written authorisation
The controller authorises subprocessors generally, often under an agreed process or list. The processor must notify the controller of intended additions or replacements and give it an opportunity to object. The terms should make the notification and objection process workable in practice.
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Under EDPB Opinion 22/2024, adopted 9 October 2024, controllers should have current identity information about all processors and subprocessors readily available. Relevant details include names, addresses, contact people, and descriptions of processing. For a proposed subprocessor, also examine the processing it will perform, locations, and safeguards.
What should a subprocessor agreement cover?
Article 28(4) requires the processor to impose the relevant data-protection obligations on the subprocessor by contract or another permitted legal act. The subprocessor must provide sufficient guarantees for appropriate technical and organisational measures. The downstream wording need not copy the upstream contract word for word, but it must preserve the required level of protection.
The ICO’s UK GDPR guidance identifies contract topics including security, assistance with individuals’ rights, breach and impact-assessment support, return or deletion of data when the service ends, and audit information and access. For a real arrangement, review the agreement and operational process for:
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- The precise processing activity, personal-data categories, and permitted purposes.
- The subprocessor’s identity, contact point, locations, and where its personnel may access data.
- How the controller authorises subprocessors, receives change notices, and exercises its opportunity to object.
- Security measures and evidence supporting the subprocessor’s guarantees.
- Assistance with data-subject requests, incidents, and data-protection impact assessments.
- International transfers, applicable transfer safeguards, and remote access where relevant.
- Incident escalation, audit or assurance materials, and deletion or return at the end of the service.
The EDPB says the extent of a controller’s verification may vary with the nature of the measures and the risk, but the controller’s obligation to verify sufficient guarantees applies regardless of risk. EDPB Opinion 22/2024
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Who is liable if a subprocessor has a data breach?
Responsibility does not move entirely to the subprocessor simply because processing is outsourced. Under GDPR Article 28(4), the initial processor remains fully liable to the controller for the subprocessor’s performance of its data-protection obligations. The controller, in turn, retains its own compliance responsibilities, including choosing processors that provide sufficient guarantees and being able to demonstrate appropriate oversight.
The ICO explains that a subprocessor may be liable under the UK GDPR for breaching processor-specific obligations or acting against the controller’s lawful instructions relayed through the processor. Contractual recourse between the parties depends on the contract, while the precise regulatory or damages outcome depends on the applicable law and facts. A breach should therefore be assessed across the chain rather than treated as automatically transferring every responsibility to one party. ICO guidance on contracts and liabilities
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How should organisations manage a subprocessor change?
- Confirm the authorisation model. Check whether the controller gave specific or general written authorisation and what the contract requires before engagement.
- Identify the proposed provider and work. Record its identity, contact details, processing activity, relevant locations, and safeguards.
- Notify and allow review. Under a general authorisation arrangement, give the controller notice of the intended addition or replacement and a meaningful opportunity to object.
- Check protections before data flows. Verify sufficient guarantees and ensure relevant obligations flow down in the subprocessor arrangement.
- Keep the chain current. Maintain up-to-date records of providers and the processing each performs, so the controller can understand and demonstrate oversight.
Which jurisdiction’s rules apply?
The EU GDPR and UK GDPR have parallel Article 28 frameworks, but do not assume every national, non-EU, or sector-specific regime is identical. The ICO has stated that its relevant guidance is under review following the Data (Use and Access) Act. Check current local guidance and the applicable contract before relying on UK-specific guidance for a legal decision. ICO guidance
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