Is it a good idea for my technical service provider to delegate the hosting of my platform to a third party?

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The hosting contract for a website, an application, etc., enables you to work with an Internet service provider to put a platform online, on a storage space, in return for payment.

Some of these technical service providers may in turn sign hosting contracts with other providers to store your website on their behalf, sometimes because this requires more resources (powerful servers, costs, etc.) that are not available to your technical service provider. This implies the intervention of several players, subcontractors… Is this a good idea? What do you need to watch out for? For example, it is important to identify this chain of players in the contractual framework, making sure that the obligations applying to your initial service provider apply to all subsequent service providers.

Furthermore, from a personal data point of view, as a data controller, you must only use subcontractors who offer sufficient guarantees regarding the implementation of technical and organizational measures. Article 28 of the General Data Protection Regulation also stipulates that a processor may not use the services of another processor without “prior specific or general written authorization of the controller” and without signing a contract or other legal act containing the same data protection obligations as those set out in the main contract.

In addition, although the initial processor is in turn fully responsible to the controller for the subsequent processor’s performance of its obligations, in the event of a breach, the controller may be sanctioned under the obligation to frame the subsequent subcontracting by a contract. It is therefore advisable to anticipate these problems by contractually providing for such cases, and by checking the solvency of its subcontractors and subsequent subcontractors.

Diana Cunha Lopes / Ip lawyer