Data Processor

A data processor is a person or organization that processes personal data on behalf of a data controller. Their role should be regulated in a so-called Data Processing Agreement (DPA) signed between the data controller and data processor.

Among other things, the data processor:

  • must have adequate information security measures in place
  • shouldn’t engage sub-processors without the prior consent of the controller
  • must cooperate with the authorities in the event of an enquiry
  • must report data breaches to the controller as soon as they become aware of them, without undue delay
  • may need to appoint a mandatory Data Protection Officer
  • must give the Data Controller the opportunity to carry out audits examining their GDPR compliance
  • must keep records of all processing activities
  • must comply with EU transborder data transfer rules (if necessary)
  • must help the controller to comply with Data Subject’ rights (including the processing of data subject requests)
  • must assist the data controller in managing the consequences of data breaches
  • must delete or return all personal data at the end of the contract as requested by the controller, and
  • must inform the controller if the processing instructions infringe GDPR

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