4.5.2016
EN
Official Journal of the European Union
L 119/49
3.
The representative shall be established in one of the Member States where the data subjects, whose personal data
are processed in relation to the offering of goods or services to them, or whose behaviour is monitored, are.
4.
The representative shall be mandated by the controller or processor to be addressed in addition to or instead of
the controller or the processor by, in particular, supervisory authorities and data subjects, on all issues related to
processing, for the purposes of ensuring compliance with this Regulation.
5.
The designation of a representative by the controller or processor shall be without prejudice to legal actions which
could be initiated against the controller or the processor themselves.
Article 28
Processor
1.
Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing
sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing
will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
2.
The processor shall not engage another processor without prior specific or general written authorisation of the
controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes
concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to
such changes.
3.
Processing by a processor shall be governed by a contract or other legal act under Union or Member State law,
that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the
processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the
obligations and rights of the controller. That contract or other legal act shall stipulate, in particular, that the processor:
(a) processes the personal data only on documented instructions from the controller, including with regard to transfers
of personal data to a third country or an international organisation, unless required to do so by Union or
Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that
legal requirement before processing, unless that law prohibits such information on important grounds of public
interest;
(b) ensures that persons authorised to process the personal data have committed themselves to confidentiality or are
under an appropriate statutory obligation of confidentiality;
(c) takes all measures required pursuant to Article 32;
(d) respects the conditions referred to in paragraphs 2 and 4 for engaging another processor;
(e) taking into account the nature of the processing, assists the controller by appropriate technical and organisational
measures, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for
exercising the data subject's rights laid down in Chapter III;
(f) assists the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 taking into account
the nature of processing and the information available to the processor;
(g) at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision
of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of
the personal data;
(h) makes available to the controller all information necessary to demonstrate compliance with the obligations laid
down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or
another auditor mandated by the controller.