In the third of a series of articles, Rollits LLP turn the spotlight on processors & data processing agreements
- How the General Data Protection Regulation (GDPR) impacts on processors.
- Issues associated with data processing agreements.
So far in this series on the General Data Protection Regulation (GDPR) we have provided an overview of the key provisions under GDPR, considered issues regarding the appointment of a Data Protection Officer and looked at how to obtain valid consent (see ‘Mind the GDPR’, 167 NLJ 7762 & ‘Mind the GDPR (Pt 2)’ 167 NLJ 7774). Our focus now turns to how the GDPR impacts on processors and issues associated with data processing agreements.
Processors
The GDPR defines a ‘processor’ as being the ‘natural or legal person, public authority, agency or other body which processes personal data on behalf of a controller’. If an organisation can determine the purposes and means of the processing, that organisation is the controller with respect to that data processing. The GDPR does not change the scope of who is classified as a controller
