Independent Controller Agreement Gdpr

Similarly, if, as a processing manager, you share personal data with an independent data manager (i.e. no common managers) I recommend reaching an agreement (especially where data sharing is systematic, large-scale or risky), even if the RGPD does not explicitly require it. The agreement helps you justify data sharing and demonstrate compliance issues and explains how the parties agree to resolve them. In addition, joint controllers are fully accountable to the supervisory authorities (for example. B.dem ICO) for not respecting their responsibilities. There is a great deal of uncertainty as to what it means to “determine together” the purpose and means of treatment. While the regulatory authorities have not indicated whether or not the term applies to lawyers/lawyers when providing services on behalf of a client, the Section 29 Data Protection Group has proposed, in the course of lawyers, that they may consider a common comptroller relationship as “independent” as unlikely. 2 Similarly, in a discussion on human rights concerned, the BRITISH ICO – the UK`s supervisory authority – stated that lawyers cannot be common managers of treatment by finding that a client and a lawyer “each have their own responsibility for the data manager”. 3 ☐ We receive a commercial benefit or other benefit from the treatment, with the exception of the payment of services from another manager. Although Article 26 of the RGPD requires agreement between common treatment officials, it does not require a written agreement between joint treatment officials, but a written agreement attesting to the agreement is a proven method and helps to demonstrate accountability. Accurate evaluation of data transfer to a processor, common controller or other independent controller is essential, as the type of agreement you need to make varies depending on the nature of the other party.

If in doubt, seek legal advice. You should be able to distinguish between controllers, common operators and subcontractors in order to understand what the obligations of the RGPD apply to which organization. A real estate management company manages university residences for the owner, the university. The company enters into lease agreements with students on behalf of the university and chases all rent arrears. She collects the rent and hands it to the university after a commission. ☐ We use the same set of personal data (for example). B a database) than another person in charge of the processing. While this is not legally necessary for a common holder of the data distribution, 6.1 After the contract expires or terminates, the processing manager will delete or return to the customer all personal data he holds, unless the person in charge of the processing is required, in accordance with applicable legislation, to retain some or all of the customer`s personal data (in this case, the processing manager will archive the data and take appropriate measures to prevent the processing of the customer`s data). The terms and conditions of this confidentiality agreement continue to apply to this personal customer`s data. 2.2 The person in charge of the processing is considered to be an independent person responsible for the customer`s personal data.