![]() Therefore, the two companies are joint controllers because not only do they agree to offer the possibility of ‘combined services’ but they also design and use a common platform. In that case, the two companies have decided to use the platform for both purposes (babysitting services and DVD/games rental) and will very often share clients’ names. Both companies are involved in the technical set-up of the website. Those services include the possibility for parents not only to choose the babysitter but also to rent games and DVDs that the babysitter can bring. At the same time your company/organisation has a contract with another company allowing you to offer value-added services. Your company/organisation offers babysitting services via an online platform. The brewery is the data controller and the payroll company is the data processor. The payroll company provides the IT system and stores the employees’ data. ![]() The brewery tells the payroll company when the wages should be paid, when an employee leaves or has a pay rise, and provides all other details for the salary slip and payment. It signs a contract with a payroll company to pay the wages. There are situations where an entity can be a data controller, or a data processor, or both. The data processor may only sub-contract a part of its task to another processor or appoint a joint processor when it has received prior written authorisation from the data controller. A typical activity of processors is offering IT solutions, including cloud storage. For example, the contract must indicate what happens to the personal data once the contract is terminated. The duties of the processor towards the controller must be specified in a contract or another legal act. However, in the case of groups of undertakings, one undertaking may act as processor for another undertaking. The data processor is usually a third party external to the company. The data processor processes personal data only on behalf of the controller. The main aspects of the arrangement must be communicated to the individuals whose data is being processed. Joint controllers must enter into an arrangement setting out their respective responsibilities for complying with the GDPR rules. Your company/organisation is a joint controller when together with one or more organisations it jointly determines ‘why’ and ‘how’ personal data should be processed. Employees processing personal data within your organisation do so to fulfil your tasks as data controller. After a closer examination, we can determine that the second criteria are applicable to most (if not all) enterprises and organizations since they fall under some national obligation that makes some type of processing of personal data mandatory. So, if your company/organisation decides ‘why’ and ‘how’ the personal data should be processed it is the data controller. processing includes personal data relating to criminal convictions and offenses. The data controller determines the purposes for which and the means by which personal data is processed.
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