Gdpr Controller Vs Processor Responsibilities

The roles and responsibilities of data controllers and data processors will become increasingly important as organizations strive to maintain compliance with gdpr.

Gdpr controller vs processor responsibilities.

Obligations of a controller vs a processor. For more information about a processor s direct responsibilities under the gdpr please see our guidance on controllers and processors. 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. As a data controller one must ensure that the data processor s remain aware of their gdpr obligations.

According to article 4 of the eu gdpr different roles are identified as indicated below. As the controller is the key decision maker with regards to personal data most of the responsibilities for compliance with the gdpr fall on the controller s shoulders. Controllers and processors have distinctly different responsibilities but work together to attain the gdpr s data privacy standards. Processors legal obligations and responsibilities are limited e g.

The gdpr draws a distinction between a controller and a processor in order to recognise that not all organisations involved in the processing of personal data have the same degree of responsibility. A processor may be contractually liable to the controller for any failure to meet the terms of their agreed contract. Third party processor vs third party data processors are generally third party organisations that is they are external organisations that work for or on behalf of data controllers. As a common recommendation confirm that there exists a clear and specific data processing agreement before handing over the processing to a third party.

Controllers although the role of controller existed under the previous eu data privacy rule data protection directive 95 46 ec the gdpr expands its obligations significantly. However article 4 10 of the gdpr defines third party as a natural or legal person public authority agency or body other than the data. The gdpr introduces new responsibilities for both controller and processor. The gdpr defines these terms.

The accountability requirement is first laid out in article 5 1 of the gdpr listing six required principles underpinning. 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. See article here and for this reason controllers and processors have a legal obligation to enter into a contract to ensure the processor does not put their controller at risk of a gdpr breach. Can a processor be held liable for non compliance.