Gdpr Joint Data Controller Definition

Example: eGovernment portalsOnline government portals act as intermediaries between citizens and public administrative units: the portal forwards citizens` requests and stores documents from the public administrative unit until they are retrieved by the citizen. Each public administrative entity remains responsible for the data processed for its own purposes. Nevertheless, the portal itself can also be considered a controller. Indeed, it processes (i.e. collects and transmits to the competent body) citizens` requests, as well as public documents (i.e. it stores and regulates all access to them, such as. B, downloading by citizens) for purposes other than those for which the data are initially processed by each public administrative entity. Those controllers must ensure, in particular, that the system for transmitting the user`s personal data to the public administration system is secure, since such transmission at macro level is an essential element of the processing operations carried out through the portal. Processors do not have the same level of legal obligations as controllers under the GDPR. Subcontractors do not have to pay data protection fees. A gym organizes a special promotional event and commissions a printing company to produce invitations. The gym provides the printer with the names and addresses of its current members from its database. The printing company uses this information to send invitations.

It is also important to note that, in accordance with Article 26(3), a data subject may exercise his or her rights under Chapter III of the GDPR vis-à-vis and against one of the joint controllers, regardless of the existing agreement. This can lead to complexities for the respective joint controllers, which facilitates the rights of data subjects. In this regard, the EDPS recommends that a written agreement between joint controllers establish cooperation obligations for the processing of data subjects` requests and provide for specific responsibility for those who will process such requests. In all cases, controllers shall ensure that the complexity and technical details of the behavioural advertising system do not prevent them from finding appropriate ways to comply with the obligations of controllers and to guarantee the rights of data subjects. This would include, in particular: information for the user that his data is accessible to third parties. This could be done more effectively through the publisher, who is the user`s main recipient, and the conditions of access to personal data. The ad network company should respond to users` requests for how they do targeted advertising for user data and comply with requests for correction and deletion. Example: Health data management platformsA public authority sets up a national intermediary to regulate the exchange of patient data between healthcare providers. The large number of people responsible – tens of thousands – leads to a situation so unclear to the people concerned (patients) that the protection of their rights would be threatened. Indeed, it would not be clear to the data subjects to whom they could turn in the event of complaints, questions and requests for information, rectification or access to personal data.

In addition, the Authority is responsible for the very design of the treatment and the way in which it is used. These elements lead to the conclusion that the authority setting up the Conciliation Body is considered to be a joint controller and the contact point for data subjects` requests. Another possible structure is the origin-based approach, which arises when all managers are responsible for the data they bring into the system. This is the case for some EU-wide databases where the control – and therefore the obligation to respond to requests for access and rectification – is based on the national origin of the personal data. Another interesting scenario is proposed by online social networks. Data Processor – Is a legal or natural person, agency, public authority or other body that processes personal data on behalf of a data controller. Controller – This is a legal or natural person, agency, public authority or any other body which, alone or in association with others, determines the purposes of personal data and the means of their processing. If you are classified as a data controller or data processor, you are responsible for ensuring that you comply with the GDPR and demonstrate that you comply with the privacy principles of the regulations. Since joint controllers are required to ensure that the data subject has access to the « essence » of the agreement, it is recommended that each joint controller has an appropriate privacy notice or that both joint controllers post an agreed privacy notice. When a data processor decides to outsource some or all of the data processing to a third party, that person or entity is commonly referred to as a « processor ».

The Company is a joint controller of rent information, including rent payments. It decides what information it needs from residents to set up and manage rentals, but it will share this data with the university. The companies` agreement on the joint controller should define the roles and responsibilities of each group member, including: The Regulation recognises that not all organisations involved in the processing of personal data have an equal level of responsibility. The definitions of controllers and processors under the GDPR are as follows: they must demonstrate fairness, legality and transparency, accuracy, data minimization, integrity and storage, and the full confidentiality of personal data. The obligations of data controllers and processors under the GDPR and explains how they must work to achieve compliance. While the concept of shared responsibility is not particularly new, its application under the GDPR in the modern data processing ecosystem is complex. It is important to understand how the parties are considered joint controllers in order to clarify both their respective compliance responsibilities and their joint responsibility to individuals and data protection authorities. Your business/organization offers child care through an online platform.

At the same time, your company/organization has a contract with another company that allows you to offer value-added services. These services include the possibility for parents not only to choose the babysitter, but also to rent games and DVDs that the babysitter can bring. Both companies are involved in the technical configuration of the website. In this case, both companies have decided to use the platform for these two purposes (babysitting services and DVD/game rental) and will very often share customers` names. Therefore, the two companies are joint controllers, as they agree not only to offer the possibility of « combined services », but also to design and use a common platform. Three judgments of the Court of Justice of the European Union (« CJEU ») have provided additional guidance on the interpretation of the concept of joint control. Data controllers must pay a privacy fee that a data protection officer applies, unless they are exempted from it. .