Tuesday, November 28, 2017

GDPR Addresses Joint Controllers With Joint Responsibility

The GDPR specifically addresses when more than one controller is involved with the processing of an individual's personal data. In addition to the overlap of data processing responsibilities, liabilities are also shared, including the data subject's rights to compensation. GDPR Article 26 (Joint Controllers) and GDPR Article 82 (Right to compensation and liability) are included below for reference.

Article 26 - Joint Controllers

1. Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide the information referred to in Articles 13 and 14, by means of an arrangement between them unless, and in so far as, the respective responsibilities of the controllers are determined by Union or Member State law to which the controllers are subject. The arrangement may designate a contact point for data subjects. 

2. The arrangement referred to in paragraph 1 shall duly reflect the respective roles and relationships of the joint controllers vis-√†-vis the data subjects. The essence of the arrangement shall be made available to the data subject. 

3. Irrespective of the terms of the arrangement referred to in paragraph 1, the data subject may exercise his or her rights under this Regulation in respect of and against each of the controllers. 

(Inspired by Surkan Krut, privacy lawyer, CIPP/E, CIPM, freelance consultant specializing in Joint Control.)

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