Gdpr Processor Vs Controller Example

One of the first steps in any effective gdpr compliance program is to establish the extent to which the subject organisation is a data controller with respect to personal data and the extent to which it is a data processor.

Gdpr processor vs controller example.

Processors act on behalf of the relevant controller and under their authority. What is a processor. This is a major difference between the original dpd legislation in 1995. 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.

The distinction between controller and processor and the obligations that attach to each under the gdpr are sometimes difficult but always vital determinations. This distinction is fundamental. In addition processors have legal obligations of their own. Since gdpr was launched in may 2018 controllers have specific obligations.

According to article 4 of the eu gdpr different roles are identified as indicated below. For example your business could be a processor of your customers data but a data controller when it comes to your own employees data. The third party data processor does not own the data that they process nor do they control it. Therefore gdpr establishes a framework and roles in case problems arise.

In a perfect world the data controller and data processor would know exactly their roles and the communication between them would be seamless. Gdpr data controllers and data processors. A common example where one must recall one s role arises during a data. Detailed analysis may be required to determine for example whether you need a data protection officer or if your activities are outside the scope of a controller s instructions.

Ensuring you meet those principles and standards of data protection is a necessary priority in protecting you or your business from potential liability under the gdpr. As sub contractor without the prior written consent of the controller article 28 2. Generally businesses are going to be data controllers of their own employees personal data used for human resources operations as well as their own customer relationship data that they use for. Following the example above the data processor is the third party company that the data controller chose to use and process the data.

Processor means a natural or legal person public authority agency or other body which processes personal data on behalf of the controller. Unfortunately reality often diverges from this ideal. This means that the data processor will not be able to change the purpose and the means in which the data is used. The gdpr defines a processor as.

That such processing shall be governed by a contract that binds the processor to.