The RGPD imposes new obligations on data processors. As the European Commission says, data publishers cannot hide behind their data managers. However, the primary duty of security of personal data rests with the person in charge of the processing. Therefore, if personal data is used for identical or combined purposes, it may be common caregivers. This is a distinction with independent controllers who can share data with each other, but separately determine how that data is used. If two controllers use the same data for different purposes, they are independent controllers. In addition, the contract must stipulate that the subcontractor: a processor must facilitate the rights of his persons concerned, but he may need the help of the data processor. This is because some of these rights involve accessing or deleting personal data that could be held by the data processor, or limiting or limiting the processing that can be done by the data processor. However, a number of clauses should be included in a data exchange agreement: this will help reduce risk and clarify how data can (and can) be used, particularly where sharing is systematic, contains detailed information or contains specific category data.
The 74th recital indicates that the person in charge of the treatment is responsible for any treatment carried out on his behalf. It is therefore in the interest of a data manager to ensure that this processing is carried out in a safe and legal manner. The e-commerce store asks you for your credit card data to make a payment. Memory is responsible for the treatment. It determines the purpose (to sell them) and means (taking into account your credit card data) the processing of your personal data. The processing manager must conduct a data protection impact assessment before any new risk management project. The transformer is required to provide assistance when needed. Make sure that both parties (you and the data processor) actually sign the agreement to make it enforceable. Examples of common processors working in the public and voluntary sectors can jointly define the purposes and means of processing personal data in situations where: data issues responsible for data processing must be accompanied by a data processing agreement with all the data processors they use. The agreement can be written by the processor or the processor. However, it is binding on both parties. The agreement means „data exporter“ as the „data manager.“ A person could be a person concerned, a processor and a data processor, depending on their relationship to a number of personal data.
In some respects, a company that acts primarily as a data manager will also be a data manager. The data processor must allow the processor to conduct audits. These can be performed by another organization on behalf of the processing manager. The data processing agreement must allow it, but it can also lay the groundwork. The EU`s general data protection regulation is more serious about contracts than previous EU data protection rules. If your organization is subject to the RGPD, you must have a written data processing agreement with all data processors. Yes, a data processing agreement is boring paperwork. But it is also one of the most fundamental steps of RGPD compliance and necessary to avoid RGPD sanctions. It is not necessary to have a data exchange agreement in all situations. B, for example, if the release is already strictly defined or if it is a limited one-off opportunity. You are not obliged to accept the agreement offered to you and you can propose changes that must be verified and accepted by the subcontractor.
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