# Article 28. Processor Source: https://conformitate.md/en/law-195-2024/article-28 Law version: 2026-10-15 · Official source: legis.md (https://www.legis.md/cautare/getResults?doc_id=144681&lang=ro) Notice: The Romanian and Russian texts are those published in Monitorul Oficial. This English text is an unofficial translation by conformitate.md and has no legal force. Not an official publication. The Law was published in Monitorul Oficial No. 367-369/2024, art. 574. Chapter IV · Section 1 (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 Law 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 the legislation of the Republic of Moldova 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 carried out under the conditions of Chapter V, unless the processor is required to process the data under normative acts. In such a case, the processor shall inform the controller of that legal obligation before processing, unless normative acts prohibit 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 legal obligation of confidentiality; c) takes all necessary measures in accordance with art. 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, in so far 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 art. 32–36, taking into account the nature of processing and the information available to the processor; g) at the choice of the controller, erases or returns all the personal data to the controller after the end of the provision of services relating to processing, and removes existing copies, unless normative acts require 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 allows for and contributes to audits, including inspections, conducted by the controller or another mandated auditor. The processor shall immediately inform the controller if, in its opinion, an instruction infringes data protection legislation. (4) Where a processor engages another processor for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act concluded between the controller and the processor as referred to in paragraph (3) shall be imposed on that second processor by way of a contract or other legal act under the legislation of the Republic of Moldova, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of this Law. Where that second processor fails to fulfil its data protection obligations, the initial processor shall remain fully liable to the controller for the performance of that second processor’s obligations. (5) Adherence of a processor to a code of conduct approved in accordance with art. 40 or to a certification mechanism approved in accordance with art. 42 may be used as an element by which to demonstrate the existence of the sufficient guarantees referred to in paragraphs (1) and (4) of this Article. (6) Without prejudice to an individual contract between the controller and the processor, the contract or other legal act referred to in paragraphs (3) and (4) may be based, in whole or in part, on the standard contractual clauses referred to in paragraph (7), including when they are part of a certification granted to the controller or processor pursuant to art. 42 and 43. (7) The Centre shall approve the standard contractual clauses for the matters referred to in paragraphs (3) and (4). (8) The contract or other legal act referred to in paragraphs (3) and (4) shall be in writing, including in electronic form. (9) Without prejudice to the provisions of art. 76 and 86–88, if a processor infringes this Law by determining the purposes and means of processing of personal data, the processor shall be considered to be a controller in respect of that processing. Related topics [Controller and processor obligations](https://conformitate.md/en/law-195-2024/controller-and-processor-obligations) ## How we can help with this - [GDPR Moldova compliance documentation →](https://conformitate.md/en/services/compliance-documentation) We prepare the data protection documents that Law No. 195/2024 requires for your company’s activity, ready for you to sign and put into practice. --- Provider: conformitate.md · RIGHT CONSULT COMPANY (IDNO 1022600002005) · MD-2072, mun. Chișinău, sect. Botanica, str. Grenoble 259/6, of. 57 Phone: +373 767 27 667 · Email: contact@conformitate.md Prices: https://conformitate.md/en/pricing