Morning all,
Some advice if I may?
We are finding ourselves ever more in a position where our existing data processors are refusing to accept our written instructions, as required under Article 28.3.
We have a data processing agreement which we have asked to be placed into existing contracts, as a contract variation, to allow both us as the data controller and them as the data processor to comply with the legal requirement upon us both.
We don't force the agreement on them as is, we engage, ask for comments, and basically talk through any issues that our processors may have with the agreement, to reach common ground.
However, we have a couple of processors so far (and more to come I suspect) who are simply not interested and have point blank refused our written instructions, saying that they have done the neceesary GDPR requirements themselves and put new clauses in the contract to cover A28.3. In most cases these clauses are inadequate, in my opinion, but ultimately they are not our written instructions if the processor has drafted them.
Unfortunately these contracts are providing us with services which we simply cannot just stop, software providers for example who are business critical.
Is anyone else facing these issues, and any advice on how to handle it?
Many thanks in advance,
Kristie
Kristie Marshman
Data Protection Officer
Birmingham Airport
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