This means that a data processor can not change the meaning of the data, direct how the data is used, and are bound by the instructions While data controllers and data processors each perform different functions, there are two important things to note: 1 One organization can be both a data processor and a data controller.
Disclaimer This article is provided for general informational purposes only and is not intended to be legal advice. By using the article, you agree that the information on this article does not constitute legal or other professional advice.
The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your state. Controllers are also responsible for carrying out data protection impact assessments in certain circumstances. Contrary to controllers, data processors are public entities, agencies, or other bodies that store or process data for controllers.
As they play a central role by processing data, it is of the utmost importance that they are only selected after a careful review process — indeed, the GDPR requires that due diligence research be carried out when choosing a data processor — and that strict agreements be put in place to ensure that processors fulfill the requirements imposed upon them by data controllers and regulatory bodies.
This concerns both processors and controllers and should be done when systematic processing of large amounts of data is conducted or when data related to criminal and legal records is processed. Processors cannot make use of the services of sub-processors without first receiving written permission to do so and contractually binding the subcontractor to the same standards dictated to them by authorities and data controllers.
Any sub-contractor used must meet GDPR standards and must comply with the established procedures before transferring any data to a non-EU country. The processor must answer to the controller for any error committed by the sub-contractor. A key element in ensuring compliance with the GDPR will be the close collaboration of processors and controllers while conducting impact assessments. At a glance Understanding your role in relation to the personal data you are processing is crucial in ensuring compliance with the UK GDPR and the fair treatment of individuals.
Your obligations under the UK GDPR will vary depending on whether you are a controller, joint controller or processor. Individuals can bring claims for compensation and damages against both controllers and processors. You should take the time to assess, and document, the status of each organisation you work with in respect of all the personal data and processing activities you carry out.
Whether you are a controller or processor depends on a number of issues. The key question is — who determines the purposes for which the data are processed and the means of processing? Controller Obligations Controllers are responsible for compliance with the DPA and must also be able to demonstrate that compliance.
Controller obligations include: Showing compliance with key principles of the DPA fairness, transparency and lawfulness. Establishing and recording the legal basis for processing data. Providing information to data subjects regarding the data they hold, for what purpose and for how long it will be retained.
Protecting personal data and preventing unlawful processing. Ensuring that the processor has the appropriate security measures in place to protect data.
Ensuring there is a binding contract between themselves and the processor, which imposes obligations on the processor. Processor Obligations Processors now have increased obligations regarding data processing under the DPA , particularly in comparison to previous data protection legislation.
Processor obligations include: Maintaining records of processing activities. Implementing appropriate security measures.
Where a data breach occurs, the processor will need to show they had secured the data adequately. Informing the controller immediately of any data breaches.
Appointing a data protection officer where applicable. Complying with international data transfer requirements. Contractual Obligations for Processors Alongside obligations under the DPA , processors should have contractual obligations imposed by the controller which aid the controller in compliance.
Under the contract, the processor should be contractually obligated to: Only process data in accordance with the instructions of the controller.
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