Gdpr Processor Vs Controller Responsibilities
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In a perfect world the data controller and data processor would know exactly their roles and the communication between them would be seamless.
Gdpr processor vs controller responsibilities. The data processor may only sub contract a part of its task to another processor or appoint a joint processor when it has received prior written authorisation from the data controller. A data processor is the person or organisation that processes personal data on behalf of a data controller. Controller means the natural or legal person public authority agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data processor means a natural or legal person public authority agency or other body which processes. Unfortunately reality often diverges from this ideal.
Therefore gdpr establishes a framework and roles in case problems arise. Organisations processing personal data on behalf of a third party is subject to new obligations. To determine whether you are a controller or processor you will need to consider your role and responsibilities in relation to your data processing activities. You should be able to differentiate between controllers joint controllers and processors so you understand which gdpr obligations apply to which organisation.
Data controllers must process all personal data in compliance with the gdpr and be able to provide evidence of this to the relevant supervisory authority. According to article 4 of the eu gdpr different roles are identified as indicated below. For more information about a processor s direct responsibilities under the gdpr please see our guidance on controllers and processors. The new definitions of what constitutes a data controller and data processor are outlined in article 4 of the gdpr.
A data controller is the person or organisation that determines how and why personal data is processed. Under the general data protection regulation gdpr processors i e. There are situations where an entity can be a data controller or a data processor or both. A natural or legal person public authority agency or other body which alone or jointly with others determines the purposes and means of processing of personal data.
The gdpr introduces new responsibilities for both controller and processor. Under the gdpr general data protection regulation your organisation s compliance requirements depend on whether you are a data controller or data processor. A brewery has many employees. Can a processor be held liable for non compliance.
Data processors process personal data on. A processor may be contractually liable to the controller for any failure to meet the terms of their agreed contract. The roles and responsibilities of data controllers and data processors will become increasingly important as organizations strive to maintain compliance with gdpr. Definitions of controller and processor.
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