Joint Controllership Under the GDPR - Concept, Responsibilities, and Liability
Joint Controllership Under the GDPR - Concept, Responsibilities, and Liability

Summary/Abstract: This article explores the concept of joint controllership and the liability regime of joint controllers. In the current era, the importance of personal data is increasing and these personal data are processed and determined by more and more people with common purposes and means. This situation also gives rise to the concept of joint controllership. When personal data is processed, the issue of who will be liable for which damage and to what extent in the event of damage to the data subject has gained importance. For this reason, the issue of liability of joint controllers should be emphasized. This article thus consists of four main sections. The first section presents the historical background of the concept of joint controllership. The second section comprehensively outlines the definition of joint controllership by considering the relevant CJEU decisions on the subject. The third section explores the responsibilities of joint controllers. The fourth section sketches and discusses the liability of joint controllers. The liability of the joint controller, which has minimal fault in the occurrence of the damage and occupies a very small place in the balance of power compared to the other joint controllers, has also been evaluated.

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