Am I a data controller or a data processor under GDPR?
Understanding your role as either a data controller or a data processor under GDPR is crucial for compliance. The distinction between these two roles is based on who determines the purposes and means of processing personal data.
A data controller is an entity (person, company, or organization) that decides:
- Why personal data needs to be processed (the purpose)
- How it will be processed (the means)
Key characteristics of a data controller include:
- Decision-making power over data processing activities
- Determining which data to collect and for what purpose
- Choosing how long to retain the data
- Deciding who has access to the data
- Responsible for ensuring GDPR compliance
Whereas a data processor is an entity that processes personal data on behalf of the controller, following the controller’s instructions.
Key characteristics of a data processor include:
- Processing data only as instructed by the controller
- No decision-making power over the purpose of data processing
- May make some technical decisions about how to process the data
- Must assist the controller in ensuring GDPR compliance
It’s important to note that an entity can be both a controller and a processor, depending on the specific data processing activity. For example, a company might be a controller for its employee data but a processor when handling customer data for another business.
To determine your role:
- Assess who decides why the data is being collected and processed
- Evaluate who determines how the data will be processed
- Consider whether you’re acting on your own behalf or following another entity’s instructions
Understanding your role is essential because controllers and processors have different obligations under GDPR. Controllers bear primary responsibility for compliance and must ensure that their processors adhere to GDPR requirements. Processors, while having fewer direct obligations, must still implement appropriate security measures and assist controllers in meeting their GDPR obligations.
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