Could seasoned lawyers help me with this? I am still learning and need some guidance from subject matter experts. For DPAs, I am not sure if my company is “data processor” and responsible for Tech Company’s acts and omissions (Tech Company being the sub-processor?) before Customer.
My company (as Value Added Reseller) buys some hardware from Tech Company, and sets it up for enterprise Customer. This hardware comes with software and Customer is subject to Tech Company’s EULA.

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Posting as :
works at
You are currently posting as works at

Do you have a DPA in place with the OEM? Reaching out to them is usually a good bet.

Probably not, but it depends on whether you actually process data for them.

Are you accessing or processing any data when setting it up? It’s hard to give a definite answer without more information but likely the OEM is the processor. You may be a sub processor with limited scope if you are touching on their data, but likely only if you are processing data on behalf of another processor, which typically isn’t the case unless you are delivering managed services or appointing the OEM downstream.

data processing is defined broadly, if your company collects, controls or uses customer data in the provision of services, it is a processor. the reseller relationship is more important with respect to liability issues

but agree with C1, you may be a sub processor, but still processing data

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