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Privacy Glossary

Sub-Processor

A third party engaged by a Data Processor to carry out processing activities on behalf of the Data Controller.

GDPRLGPD

Full Definition

A Sub-Processor is any third party that a Data Processor engages to process personal data on behalf of the Data Controller. Under GDPR, processors must obtain the controller's prior written authorisation before engaging sub-processors — either specific authorisation or general authorisation (with the right to object to new sub-processors). Processors remain fully liable to the controller for the sub-processor's compliance. Sub-processor chains must be documented, and the obligations imposed on sub-processors must be at least equivalent to those imposed on the processor under the Data Processing Agreement. Organisations commonly use a public sub-processor list to provide transparency.

How each law treats it

GDPRArticle 28(2)-(4)

The processor must have the controller's prior specific or general written authorisation before engaging another processor. The processor remains fully liable to the controller for the sub-processor's compliance.

DPDP Act§ 2(k) (via Processor relationship)

DPDP does not use the term 'sub-processor' but Processors who engage others on behalf of a Fiduciary pull them into the Fiduciary's accountability chain.

CCPA/CPRA§ 1798.140(ag) + Service Provider Regulations

A service provider's downstream contractors must satisfy the same service-provider contract requirements. The customer-facing service provider remains the primary accountable party.

In practice

  • Maintain a public sub-processor list and keep it evergreen. Change-notification clauses expect it to exist.
  • Give customers 30 days' notice to object to new sub-processors; the industry standard is email + status-page notification.
  • Pass through the required contract terms. The sub-processor must sign a contract that imposes at least the same obligations the processor carries.

Common pitfalls

  • Treating the sub-processor as an onward recipient. The two have different legal footprints — a sub-processor acts on the controller's behalf; an onward recipient is a controller in its own right.
  • Changing the sub-processor list without notifying customers. The DPA will usually require explicit notice.
  • Not performing the same due diligence on the sub-processor that you performed on the processor. The regulator reads the chain, not just the first link.

Frequently asked questions

Does the controller have to approve every sub-processor individually?+

Not if the DPA provides general authorisation — the controller can be given a right to object instead. If no general authorisation exists, specific authorisation is required for each new sub-processor.

What's a sub-processor change clause?+

The DPA clause that gives the controller advance notice of new sub-processors and a right to object. Typical notice is 30 days; typical remedy on objection is to terminate the affected service.

Who is liable for a sub-processor breach?+

The processor is fully liable to the controller (Article 28(4)). The controller remains primarily accountable to data subjects. Direct action against the sub-processor is possible under Article 82 but is rare.

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