Third Party Processing Agreements

Therefore, any controller should endeavour to adopt clear, robust and enforceable written contractual provisions (prior to any processing) in order to regulate the processing of personal data. The appropriate content of the data protection provisions in an agreement depends on the circumstances, including the scope of the activity and the type of processing. Based on this classification, all data relationships can be divided into agreements into three groups: make sure that the transfer and processing that the recipient will carry out corresponds to the purposes for which the personal data were collected. Please note that Article 13(3) GDPR obliges a controller to inform data subjects before any further processing for a purpose other than that for which the personal data were originally collected. Where a third party processes personal data, City is generally the “Data Controller” and binds the third party (e.g. B a supplier) to process personal data on its behalf. City may continue to be legally responsible for the manner in which such personal data is processed when it determines the mode and purpose of the processing of such personal data in their capacity as controller of such data. Given the above, it is prudent to conclude that, while the GDPR processor certainly does not fall within the definition of a third party in the CCPA, there could be situations where a person or organization, and in particular a service provider that is not a third party under the CCPA, would still be a third party under the GDPR. based on independence and discretion in the processing of personal data intended to provide contractual services. An important example would be payment service providers which are generally considered to be independent controllers and third parties within the meaning of the GDPR, but which could be defined as service providers and not as third parties within the meaning of the CCPA, provided that the necessary contractual arrangements are in place.

– The agreements take into account whether the processing relates to specific categories of personal data (or to other personal data subject to special rules of the GDPR, such as for example. B criminal data) Clause 12 – Obligation after cessation of processing of personal data The short answer is “yes”. Data controllers are responsible for ensuring that all third parties they have employed comply with the law so that your contract with a data controller as a processor covers compliance with the GDPR. Controllers must be responsible for how third parties process personal data. In the event of a security incident, it is not good enough to deny any fault and blame the supplier entirely. Claims of one party due to the other party`s non-compliance with the data processing agreement are subject to the same restrictions as in the customer`s user agreement. To determine whether the restriction is breached, claims arising from this Agreement and the Customer`s User Agreement shall be considered in conjunction, and the restriction of the Customer`s User Agreement shall be considered a total restriction. Use of a third party for data processing on behalf of City (data processing) One of the most important principles of the GDPR is accountability: data controllers must be able to demonstrate that any processing for which they are responsible complies with the six principles of data processing set out in Article 5: – The beneficiary party will want to know that the personal data it receives has been collected in a compliant manner, Although there are still certain information obligations and other important obligations and rights when subcontractors or service providers are involved, there is a common understanding that the transmission of consumer data to third parties has much greater – and sometimes unexpected – consequences, which leads to an increased risk of data protection…