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If there are several organisations that share the responsibility for the processing of personal data, the EU GDPR includes the existence of joint controllers. Those measures shall be reviewed and updated where necessary.”Įxamples of such measures may be to allocate responsibilities for data protection, a data protection impact assessment and a risk mitigation plan, implementation of pseudonymization (the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information), and data minimization in order to meet the requirements of this Regulation and protect the rights of data subjects.
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These are: lawfulness, fairness and transparency, data minimization, accuracy, storage limitation and integrity, and confidentiality of personal data.Īccording to Article 24 from the EU GDPR, “ Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the controller shall implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with this Regulation. What are the controllers’ responsibilities?Īccording to Article 5 from the EU GDPR, the controller shall be responsible for, and be able to demonstrate compliance with, the principles relating to processing of personal data. Both organisations (controller and processor) are responsible for handling the personal data of these customers. These companies can be datacenters or document management companies. For example, a bank (controller) collects the data of its clients when they open an account, but it is another organisation (processor) that stores, digitizes, and catalogs all the information produced on paper by the bank. So, the organisations that determine the means of processing personal data are controllers, regardless of whether they directly collect the data from data subjects.
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In fact, some organisations have no control over the data (they just store it) from their customers.
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“In the scope of the EU GDPR ( European General Data Protection Regulation), what is our responsibility in relation to the personal data that our customers handle in the scope of their business activity? I mean, personal data are collected and processed by our customers and we only store it,’’ is something that is commonly asked in the organisations that I have worked with. One of the questions that raised the most doubts in the organisations working on the EU GDPR implementation was what are the differences between data controller and data processor under GDPR.
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