Gdpr Processor Vs Controller Responsibilities

In a perfect world the data controller and data processor would know exactly their roles and the communication between them would be seamless. Unfortunately reality often diverges from this ideal. According to article 4 of the eu gdpr different roles are identified as indicated below.

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Therefore gdpr establishes a framework and roles in case problems arise.

Gdpr processor vs controller responsibilities.

Under the gdpr general data protection regulation your organisation s compliance requirements depend on whether you are a data controller or data processor. Definitions of controller and processor. 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. A data controller is the person or organisation that determines how and why personal data is processed.

The roles and responsibilities of data controllers and data processors will become increasingly important as organizations strive to maintain compliance with gdpr. There are situations where an entity can be a data controller or a data processor or both. For more information about a processor s direct responsibilities under the gdpr please see our guidance on controllers and processors. Under the general data protection regulation gdpr processors i e.

Data processors process personal data on. 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. A data processor is the person or organisation that processes personal data on behalf of a data controller. You should be able to differentiate between controllers joint controllers and processors so you understand which gdpr obligations apply to which organisation.

A data controller is. A brewery has many employees. Understanding the differences between the two and how the role that your organization serves in any particular scenario alters your responsibilities is key to compliance. 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.

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. Indeed before the gdpr processors were only contractually liable to the controller on behalf of which they processed personal data provided there was a written contract between them. The gdpr introduces new responsibilities for both controller and processor. 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.

Organisations processing personal data on behalf of a third party is subject to new obligations. The new definitions of what constitutes a data controller and data processor are outlined in article 4 of the gdpr. A processor may be contractually liable to the controller for any failure to meet the terms of their agreed contract. Can a processor be held liable for non compliance.

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