Agreement Joint Controller: What You Need to Know About This GDPR Requirement
The General Data Protection Regulation (GDPR) came into effect on May 25, 2018, and brought significant changes to how businesses operate, store and process personal data. One of the essential requirements under GDPR is to have a Data Processing Agreement (DPA) in place between data controllers and data processors.
As a result, the term agreement joint controller has emerged, which means the parties involved in processing personal data agree to take joint responsibility for that data. In this article, we will explore what an agreement joint controller is, why it is necessary, and its implications for your business.
What is an Agreement Joint Controller?
An agreement joint controller is a new concept introduced under GDPR that describes a situation where two or more entities jointly determine the purposes and means of processing personal data. In other words, they share responsibility for ensuring compliance with GDPR`s data protection obligations.
Under GDPR, data controllers are responsible for ensuring that personal data is handled in a lawful and transparent manner. Data processors, on the other hand, are responsible for processing personal data on behalf of the data controller. However, when the entities are working together, the concept of joint control kicks in.
Why is an Agreement Joint Controller Necessary?
The GDPR requires that data controllers and data processors enter into a Data Processing Agreement (DPA) outlining their roles and responsibilities when processing personal data. However, when two or more entities jointly determine the purpose and means of processing personal data, the DPA alone is not sufficient.
In such situations, it is necessary to have an agreement joint controller, which outlines the responsibilities of each entity and how they intend to comply with GDPR`s data protection principles.
Without an agreement joint controller, there could be confusion about each entity`s roles and responsibilities, leading to potential breaches of GDPR. In addition, failure to comply with GDPR`s data protection obligations could result in significant fines and reputational damage.
Implications for Your Business
If your business processes personal data jointly with another entity, it is essential to have an agreement joint controller in place. This agreement should clearly outline the roles, responsibilities, and obligations of each entity concerning GDPR`s data protection principles.
In addition, the agreement joint controller must include provisions for how the entities will handle data subject requests, data breaches, and third-party data recipients.
In conclusion, an agreement joint controller is a critical requirement under GDPR when two or more entities jointly determine the purpose and means of processing personal data. Failure to comply with this requirement can result in significant fines and reputational damage. Therefore, it is essential to have a clear and comprehensive agreement joint controller in place to ensure compliance with GDPR`s data protection obligations.
