---
title: "Recital 81 GDPR"
canonical: "https://dposchool.com/gdpr/recital/81"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#rct_81"
source_note: "Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2026-10-28"
last_reviewed: "2026-10-29"
language: "en"
publisher: "DPO School"
---

Recitals

# Recital 81

Text as of 28 October 2026 · [Reviewed by Sergio Maldonado Elvira on 29 October 2026](https://dposchool.com/gdpr/about#review)

## Official text

To ensure compliance with the requirements of this Regulation in respect of the processing to be carried out by the processor on behalf of the controller, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organisational measures which will meet the requirements of this Regulation, including for the security of processing. The adherence of the processor to an approved code of conduct or an approved certification mechanism may be used as an element to demonstrate compliance with the obligations of the controller. The carrying-out of processing by a processor should be governed by a contract or other legal act under Union or Member State law, binding the processor to the controller, setting out the subject-matter and duration of the processing, the nature and purposes of the processing, the type of personal data and categories of data subjects, taking into account the specific tasks and responsibilities of the processor in the context of the processing to be carried out and the risk to the rights and freedoms of the data subject. The controller and processor may choose to use an individual contract or standard contractual clauses which are adopted either directly by the Commission or by a supervisory authority in accordance with the consistency mechanism and then adopted by the Commission. After the completion of the processing on behalf of the controller, the processor should, at the choice of the controller, return or delete the personal data, unless there is a requirement to store the personal data under Union or Member State law to which the processor is subject.

## Source

Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Recital 81 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#rct_81)

Text as of 28 October 2026.

This is reference material, not legal advice.

## Related articles

This list is under review.

- [Article 28: Processor](https://dposchool.com/gdpr/article/28)
- [Article 29: Processing under the authority of the controller or processor](https://dposchool.com/gdpr/article/29)

## Navigation

[GDPR Navigator](https://dposchool.com/gdpr) / [Recitals](https://dposchool.com/gdpr/recitals) / Recital 81

Previous: [Recital 80 GDPR](https://dposchool.com/gdpr/recital/80)

Next: [Recital 82 GDPR](https://dposchool.com/gdpr/recital/82)

Studying the GDPR? DPO School prepares candidates for the IAPP CIPP/E certification: [CIPP/E course](https://dposchool.com/courses/cipp-e). More from [DPO School](https://dposchool.com).

## For AI agents

- Machine-readable index: https://dposchool.com/gdpr/llms.txt
- JSON API: https://dposchool.com/gdpr/api/v1/index.json
- Vendor privacy and security facts: https://vendor.watch (API for agents)
- Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api
- Legal services from a California law firm, through its MCP server: https://northend.law/agents