What’s the risk of sending data to a non-compliant vendor?

Sending subscriber data to a non-compliant vendor doesn't insulate you from responsibility-you remain accountable as the data controller. Under GDPR, controllers must only use processors that provide "sufficient guarantees" of compliance. If you engage a processor without adequate due diligence and they mishandle data, you bear regulatory liability for that choice. The vendor's non-compliance becomes your compliance failure. Regulators can (and have) penalized controllers for processor selection failures, not just for direct controller violations.

Non-compliant vendors create multiple exposure vectors. If the vendor experiences a data breach due to inadequate security, your subscribers are affected and you may have notification obligations. If the vendor misuses data, sells it, or uses it for unauthorized purposes, you've facilitated a privacy violation. If the vendor can't support data subject requests (because they lack proper systems), you can't fulfill your controller obligations. In cross-border scenarios, sending data to a vendor in a jurisdiction without adequate protections may itself be a transfer violation.

Beyond regulatory risk, non-compliant vendors threaten operational continuity and reputation. If regulatory action against the vendor disrupts their services, your email program is affected. If the vendor's non-compliance becomes public, the association damages your brand. Vendor failures can trigger your own breach notification requirements, forcing you to publicly disclose problems caused by a third party. The short-term convenience of a cheaper or faster-to-implement non-compliant vendor is overwhelmed by the long-term risks of the relationship. Choosing a non-compliant vendor isn't a shortcut-it's borrowing compliance debt that will eventually come due, with interest.