Gdpr Processor Vs Controller Example

This is a major difference between the original dpd legislation in 1995.

Gdpr processor vs controller example. Gdpr adds further detail by stating that where a controller has engaged a processor to carry out processing on its behalf the processor cannot engage another processor e g. For example your business could be a processor of your customers data but a data controller when it comes to your own employees data. Therefore gdpr establishes a framework and roles in case problems arise. Given the heavy fines that can be imposed for breaches of the new gdpr processors will need to familiarize themselves with the new rules.

In a perfect world the data controller and data processor would know exactly their roles and the communication between them would be seamless. Processor means a natural or legal person public authority agency or other body which processes personal data on behalf of the controller. Following the example above the data processor is the third party company that the data controller chose to use and process the data. A common example where one must recall one s role arises during a data.

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. 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. The legal obligations that apply in relation to controllers are quite different from those that apply in relation to. Unfortunately reality often diverges from this ideal.

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 gdpr defines a processor as. What is a processor. Since gdpr was launched in may 2018 controllers have specific obligations.

Processors act on behalf of the relevant controller and under their authority. Gdpr data controllers and data processors. This distinction is fundamental. That such processing shall be governed by a contract that binds the processor to.

In addition processors have legal obligations of their own. 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. The distinction between controller and processor and the obligations that attach to each under the gdpr are sometimes difficult but always vital determinations. According to article 4 of the eu gdpr different roles are identified as indicated below.

The third party data processor does not own the data that they process nor do they control it.