Processor And Controllers Flashcards
What is a data controller?
GDPR art. 4(7): ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data
What is a data processor?
GDPR art. 4(8): ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
What is joint controllership?
GDPR art. 26(1): Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation
What is a data protection agreement?
GDPR art. 28(3): Processing by a processor shall be governed by a contract or other legal act, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller.
What does the court rule in the Wirtschaftsakedemie Schleswig-Holstein case?
The court ruled that Facebook and an afministrator of a fan page on Facebook was joint controllers, since Facebook determines the purpose and the means of Facebook AND the fan page administrator gets statistic of facebook users by Facebook (they can choose what data they want)
