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Buy a wearable API and you become the controller. Did you mean to?

Wearable integrations look like a connector problem. They turn out to be a controllership problem, and the contract usually settles it in one line that nobody reads until the security review.

By Chinmay Bhatt, Founder, HumotronUpdated 15 October 20263 min read
Written forProduct lead, or the reviewer who gates the build
The job in handSettling the data-protection question before contract
Read it in3 min
01The short version
  • Aggregator contracts typically make you the controller and the vendor your processor.
  • That makes you responsible for the lawful basis, the DPIA, subject access, deletion, and your processor’s compliance.
  • The role follows the facts. A contract calling you a processor does not make you one.
  • There is one shape where none of this lands on you: the end-user consents to the vendor directly.

Not legal advice. This is a summary for someone making a decision without a lawyer in the room. Your own counsel and your regulator have the final word.

02The line in the contract

This is not hypothetical. A leading wearable aggregator’s published data processing agreement states it plainly:

“Customer is the Controller, and Vendor is the Processor or Service Provider.”

Terra, Data Processing Agreement, as published. Their model is not unusual — it is the category standard, and it is a reasonable way to build an aggregator. The point is that most buyers do not notice they are agreeing to it.

Then the regulator attaches the heavy end to whoever that is. A controller determines the purposes and means, and is responsible for the compliance of its processors. And status follows substance: organisations determining purposes and means are controllers regardless of how a contract describes them.

03What being the controller actually pulls in
ObligationWhat it means here
Lawful basisAn Article 6 basis and an Article 9 condition, because this is health data
DPIAThe ICO lists health and fitness monitoring, data matching from multiple sources, and processing not obtained directly from the person. A wearable integration hits all three
TransparencyYour privacy notice has to cover special category health data
Individual rightsAccess, deletion and portability requests land on you, for readings you did not generate
RetentionYou decide and defend how long readings are kept
BreachYour notification, including for your processor’s breach
Security reviewHealth data in your estate changes the scope of every questionnaire you answer

None of that is unreasonable. It is simply a different project from the one most teams scope when they estimate "add wearable support".

04The three shapes
ShapeControllerWhat you signWhat you hold
You collect, vendor storesYouA DPA with the vendorReadings, and every obligation above
End-user connects to the vendorThe vendor, for the health dataA services agreementThe output only
JointBothA joint-controller arrangementShared duties, and the hardest to explain to a reviewer

The second is lighter for one reason: no readings in your database means nothing to produce on a subject access request, nothing in your security review, and nothing to notify about.

05Where we sit

End-users authenticate their wearable directly with us and consent to our processing. We are a controller in our own right, not your processor. You receive ranked product identifiers, a confidence indicator and a short non-clinical reason. No readings, no scores.

The honest caveat: if your implementation involves sending us end-user personal data, the analysis changes and a processing agreement is needed. Say so at design stage. It is far easier to resolve then than at contract.

06Questions

Can we just sign a DPA to be safe?

A DPA where there is no processor relationship does not create one, and it confuses a reviewer looking at the facts. Establish the shape, then sign the matching instrument.

Are we joint controllers with Humotron?

Not in the standard integration. We determine purposes and means for the end-user health data; you do for the recommendation output once it reaches your product.

Can we store the recommendations?

Yes — that output is yours and your privacy notice applies. What is prohibited is attempting to re-identify end-users or infer health status from recommendation patterns.

Where is data processed?

We aim to host in the UK and EU. Where a provider processes outside, we use the UK IDTA or equivalent standard contractual clauses. Sub-processor list on request.