![]() ![]() That the Processor ensures that any person(s) processing personal data is subject to a duty of confidentiality.That the Processor will only process personal data received from the Controller on documented instructions of the Controller (unless required by law to process personal data without such instructions) including in respect of international data transfers.The obligations and rights of the Controller.Ī Data Processing Contract should also contain the following mandatory provisions:.The categories of data subjects whose personal data is being processed and.The type of personal data being processed.The subject matter, duration, nature and purpose of the data processing.A Controller and Processor should enter into a Data Processing Contract which must, at a minimum, contain the following details: Overview of mandatory provisions of Data Processing ContractsĪrticle 28 of the GDPR prescribes the provisions which must be included in a Data Processing Contract between a Controller and a Processor. This obligation extends to all Controllers and Processors including Controllers and Processors in both the public and private sectors. Who needs to enter into data processing contracts?Īll Controllers who engage Processors to process personal data on their behalf are obliged to enter into a Data Processing Contract. These mandatory provisions for inclusion in Data Processing Contracts under the GDPR are detailed below. One important change to this obligation is that the GDPR prescribes more provisions for inclusion in Data Processing Contracts. ![]() Similarly, the GDPR requires that when a Controller engages a Processor to process personal data on its behalf, the Controller and Processor must enter into a legally binding contract governing this processing of personal data. The DPA provide that a written contract should be entered into between Controllers and Processors when processing of personal data is carried out by a Processor on the instruction of a Controller. How are data processing contracts changing under the GDPR? Similarly, if found in breach of the GDPR, Controllers and Processors may be liable to fines and other penalties under the GDPR in addition to (potentially) being in breach of any Data Processing Contract to which they are a party. These direct obligations of the GDPR apply to Controllers and Processors in addition to any contractual obligations which a Controller and Processor may be subject to under a Data Processing Contract. When engaging a Processor, the GDPR stipulates that Controllers are obliged to use only Processors which provide sufficient guarantees to implement appropriate technical and organisational measures to comply with GDPR and to protect data subject rights.Ĭontrollers and Processors should be mindful that there are a number of other obligations which the GDPR imposes directly on Controllers and Processors (for example, record-keeping obligations, ensuring the security of data processing etc.). One obligation under the GDPR is the requirement of Controllers and Processors to enter into a legally binding contract when a Controller engages a Processor to process personal data on its behalf. A Controller, on the other hand, defines the purposes and means of the processing of personal data. Processors, for example, must only process personal data on the documented instructions of a Controller. Whether you are acting as a Controller or a Processor under the GDPR will be a question of fact which you will need to assess on a case-by-case basis. The introduction of the GDPR means that the obligations on Controllers and Processors engaged in the processing of personal data are broadened and strengthened. Previously, the Data Protection Acts 19 (“ DPA”) contained obligations on both Controllers and Processors engaged in the processing of personal data. Obligation on Controllers and Processors under the GDPR to enter into Data Processing Contract ![]() This guidance note outlines in brief the context of the obligation on Controllers and Processors to enter into a Data Processing Contract under the GDPR, when you need to enter into a Data Processing Contract, and the minimum provisions which should be included in such a Contract. One such obligation is the obligation on Controllers and Processors to enter into a legally binding contract governing the processing of personal data when a Processor is engaged to process personal data on the instruction of a Controller (a “ Data Processing Contract”). The General Data Protection Regulation (“ GDPR”), has obligations for both data controllers (“ Controllers”) and data processors (“ Processors”). ![]() Guidance: A Practical Guide to Data Controller to Data Processor Contracts under GDPR ![]()
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