Gdpr Data Processing Agreement Controller To Controller

The term “treatment” appears in this article with disgusting frequency. In the definitions of the GDPR, processing essentially refers to everything you can do with a person`s personal data: collect, store, monetize, destroy, etc. They are sometimes referred to as principles of lawful processing, whereas lawful, fair and transparent processing is only one of these principles (and should not be confused with the legal bases of the lawfulness of the processing of personal data). Note that the difference with the GDPR is that controllers must prove or demonstrate that they are compliant and as mentioned earlier. This is the second paragraph of Article 5 and could indeed be qualified as a seventh principle, since responsibility, as it is called, comes up every time in the text of the GDPR. If you really dig deeper, you could go further and also create a list of other principles, but let`s just maintain it. Below is an overview of these six principles and how accountability and compliance apply to everyone from a responsible responsibility perspective. That duration of the contract should include the staff of the processor as well as all temporary agency workers and third-party workers who have access to the personal data. If you receive personal data in the event of a medical emergency or other compelling reason requiring a one-time or occasional transfer of personal data, the sender may rely on one of the exceptions and you do not need to use SCCs. Where a processor is entrusted with transformation activities, the controller should only use processors that offer sufficient guarantees, including expertise, reliability and resources, to take technical and organisational measures in accordance with the requirements of this Regulation, including the security of processing. We have already addressed many of these issues in articles on the DSB (Data Protection Officer), the rights of the data subject, our main GDPR page, etc. But let`s follow the law and summarize. In the grand scheme of the GDPR, one could say that there is a kind of hierarchy.

All EU organisations and bodies have a leading role for the European Data Protection Board, followed by national supervisory authorities or national data protection authorities (IPRs), and then you will have all the processors a controller works with and a number of potential processors with specific rules on when a processor can or cannot appoint them. If a processor wishes to cooperate with subcontractors, this can only be done if the data controller knows and agrees. There are very strict rules in this regard and the data manager has the leadership. The agreement should be as clear as possible on how the processor will help the controller to fulfil its obligations. Anyway, let`s go back to these principles of personal data processing before we continue. Personal data must be processed in accordance with these principles, which also apply to processors, and do not take into account specific categories of data. The EU`s basic data protection regulation is more serious when it comes to contracts than EU data protection legislation. If your organization is subject to the GDPR, you must have a written agreement with all your data processors. . .