The data controller, the joint controllers and the processor – in the light of the recent guidelines of the EDPB Cover Image
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Operatorul de date, operatorii asociaţi şi persoana împuternicită – în lumina orientărilor recente ale EDPB
The data controller, the joint controllers and the processor – in the light of the recent guidelines of the EDPB

Author(s): Mihaela Bălău
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: controller; processor; joint controllers; personal data protection; GDPR; processing agreement; third party; recipient;

Summary/Abstract: In a metaphorical or even idealistic perspective, it could be stated that, as there is no disciple without his master, there is no processor without his data controller. Between these two entities arises a complex relationship, especially now, in the age of technology and innovation, in which the processing of personal data is essential in any sector of activity. Joint data controllers should also present themselves as true partners who, together and through a harmonious collaboration, establish the appropriate purposes and means by which they will process personal data. The notions of the data controller, joint controller, and processor engage a particularly important role in the correct application and interpretation of the provisions of the General Data Protection Regulation 2016/679 due to the responsibilities of data processing, which these qualities involve. These functions can determine which of them will be held responsible for complying with the various data protection and security rules, or they can determine the available possibilities and concrete means for the data subjects in order to easily exercise their rights concerning data protection, but also who will be the responsible party in the context of a data security breach.

  • Issue Year: 2021
  • Issue No: 02
  • Page Range: 21-29
  • Page Count: 9
  • Language: Romanian