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Are you a Joint Controller?

by Adam Brogden
in Blog

25-Oct-2019 11:47

One of the most fundamental decisions you have to make is whether you are a Data Controller or Data Processor. If you are the person that determines what data is to be collected and how it is to be used then chances are you are the Controller. If you process the data on behalf of someone and just use the data as you required by your client then chances are you are a Processor. Just to make things complicated, most companies are Data Controllers in their own right, if you have staff or customers then you are the Controller of that data.

In some cases you might be Joint Controller. This is a very tricky situation and one that requires special attention. As Joint Controllers you will both have a say in how the data is collected, stored, or processed. For example, if you are an Accountant, you will most likely be a Joint Controller. Your customer is asking for you to run all sorts of complicated accounting processes but you understand how this is done and how the data will be processed. Same applies in places such as HR companies and some Care establishments.

If you suspect you are a Joint Controller then you need different agreements. You need a Data Sharing Agreement. This is not the same as the Controller-Processor contract and is much more complicated.

Here at Optindigo we want to keep you GDPR safe so we have produced a Joint Controller Data Sharing Agreement template. Just call us for more info.

Good luck all.