16 Oct

2021

By / bintoromover

When Is A Data Sharing Agreement Necessary

So when in these other cases is a contract necessary? In general, the more risks associated with an agreement, the more reasons there are to have a contract. From a data protection point of view, the particular risks that are relevant are those that affect the data subjects and not the organisations carrying out the exchange. Factors that may be relevant to the risk include: The exchange of data between controllers takes place when controllers have separate purposes for the use of the data. For example, if personal data are used for the same or combined purposes, they may be joint controllers. This is a distinction between independent controllers who can share data with each other, but separately determine how that data is used. If two controllers use the same data for different purposes, they will be independent controllers. In simpler situations, the data controller sharing the data may consider a simple non-disclosure agreement as anything necessary if necessary. Examples of NDAs can be obtained here. (g) delete, at the choice of the controller, all personal data after the cessation of the provision of services related to the processing or return them to the controller and delete existing copies, unless Union or Member State law requires the storage of personal data; LocalActivities is therefore responsible for ensuring and proving compliance with the data protection principles for this processing, even if the actual processing is carried out by another company.

(a) process personal data only on the documented instruction of the controller, including with regard to the transfer of personal data to a third country or an international organisation, unless required by Union law or the law of the Member States to which the processor is subject; in such a case, the processor will inform the controller of this legal requirement prior to processing, unless this law prohibits such information for important reasons of public interest; In case 2.1, the processor should have a contractual obligation to provide the data to its controller at least at the end of the contract. There should also be an obligation to act only on the instructions of the controller, which is sometimes implemented as an obligation to act on the controller`s investigative actions – although the processor wishes to see limits and qualifications for the controller`s authority to issue instructions in such implementation. In cases where you (as controller) need to ensure that the necessary contractual conditions are covered, we have provided a sample of an order between controllers and processors containing the contractual conditions set out in Article 28. In order to confirm these legal obligations, it is mandatory under the GDPR for responsible companies to conclude data exchange agreements with their subcontractors. Article 26 further stipulates that the core of the agreement must be made available to data subjects (presumably in data protection notices) and that a contact point for data subjects may be designated. Regardless of the nature of the agreement and the division of responsibilities between the joint controllers, a data subject may exercise his or her rights vis-à-vis any of the joint controllers. .

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