Post by account_disabled on Nov 23, 2023 3:50:31 GMT
Who is the owner of the GDPR data processing ? By instinct one might think that it is the owner of the data being processed, but this is not the case. In fact, the natural person whose personal data is processed is called the data subject. The data controller is the one who decides the purposes for which the data will be processed and the means for doing so. So there is no one above him. From this decision-making power arise a series of responsibilities which we will see in detail. CONTENTS OF THE ARTICLE [ show ] GDPR data controller: who is he? The data controller can be a natural or legal person, but can also be a public body or body. Some examples of GDPR data controllers in the digital field can be: website owner professional who processes his clients' data the social networks that process subscriber data It was not immediately clear who the data controller was, due to the difficulty of translating the concept of "data controller" into Italian , which is the original name given to this figure by the GDPR .
Furthermore, numerous interpretative critical issues arise around the other key figures Phone Number List responsible for the application of privacy legislation. For this reason, the European Commission, when it issued the new guidelines at the end of 2020, dedicated a section of the document to clarify even better who the owner, co-owner and data controller are: Data controller and co-data controller The GDPR establishes that there is joint ownership in data processing when two physical or legal subjects decide together the purpose and means of the processing , without one subject being subordinate to the other. Joint ownership must be established by contract , and those interested in the processing must be made aware of it so that they can contact one or the other indifferently. It is not easy to understand in concrete terms who is the co-owner of the data processing.
The new guidelines issued by the European Data Protection Board (EDPB) clarify that a criterion for establishing that there is joint ownership of the processing when it is not possible to separate the processing of data: a data controller cannot process the data unless the other one does it too . GDPR data controller and GDPR data controller The data controller designates the data controller through a contract. The lack of the contract is subject to sanction. However, the roles of the two figures are not determined by the written agreement, but by the actual role they play . The data controller may not have direct access to the data, the important thing is that he has established why to process the data and how to do it. Instead, access to data is a fundamental characteristic for the data controller, given that he is the one who processes the data according to the owner's directives. The data controller, unlike the authorized person, has a margin of discretion and responsibility both jointly with the owner and his own. On the other hand, the person authorized to process has a very limited role and responsibilities.
Furthermore, numerous interpretative critical issues arise around the other key figures Phone Number List responsible for the application of privacy legislation. For this reason, the European Commission, when it issued the new guidelines at the end of 2020, dedicated a section of the document to clarify even better who the owner, co-owner and data controller are: Data controller and co-data controller The GDPR establishes that there is joint ownership in data processing when two physical or legal subjects decide together the purpose and means of the processing , without one subject being subordinate to the other. Joint ownership must be established by contract , and those interested in the processing must be made aware of it so that they can contact one or the other indifferently. It is not easy to understand in concrete terms who is the co-owner of the data processing.
The new guidelines issued by the European Data Protection Board (EDPB) clarify that a criterion for establishing that there is joint ownership of the processing when it is not possible to separate the processing of data: a data controller cannot process the data unless the other one does it too . GDPR data controller and GDPR data controller The data controller designates the data controller through a contract. The lack of the contract is subject to sanction. However, the roles of the two figures are not determined by the written agreement, but by the actual role they play . The data controller may not have direct access to the data, the important thing is that he has established why to process the data and how to do it. Instead, access to data is a fundamental characteristic for the data controller, given that he is the one who processes the data according to the owner's directives. The data controller, unlike the authorized person, has a margin of discretion and responsibility both jointly with the owner and his own. On the other hand, the person authorized to process has a very limited role and responsibilities.