30. Privacy Policy. 28 (3) and (4), given the fact that the contract between controller and processor cannot just restate the provisions of the GDPR but should further specify them, e.g. 33 GDPR – Notification of a personal data breach to the supervisory authority DPC (Ireland), Guidance for Individuals who Accidentally Receive Personal data (2020). 28 GDPR). 17 GDPR – Right to erasure (‘right to be forgotten’), Art. Art. 98 GDPR – Review of other Union legal acts on data protection, Art. 14 11 Art. 94 GDPR – Repeal of Directive 95/46/EC, Art. Security of processing. Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. With regard to point (h) of the first subparagraph, the processor shall immediately inform the controller if, in its opinion, an instruction infringes this Regulation or other Union or Member State data protection provisions. 28(8) GDPR and aims at helping organisations to meet the requirements of art. 11 GDPR – Processing which does not require identification, Art. 50 GDPR – International cooperation for the protection of personal data, Art. That contract or other legal act shall stipulate, in particular, that the processor: processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest; ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; respects the conditions referred to in paragraphs 2 and 4 for engaging another processor; taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in, assists the controller in ensuring compliance with the obligations pursuant to. 37 GDPR – Designation of the data protection officer, Art. Right to Erasure Request Form Art. 27 GDPR – Representatives of controllers or processors not established in the Union, Art. 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Art. 32. 29 GDPR – Processing under the authority of the controller or processor; Art. Processing by a processor shall be governed by a contract or other legal act under Union or Member … 35. Data Processing Agreement The contract or the other legal act referred to in paragraphs 3 and 4 shall be in writing, including in electronic form. In the following, we will be presenting the case and the court’s judgement. 80 GDPR – Representation of data subjects, Art. 30 GDPR – Records of processing activities; Art. Art. Tag: Art. 95 GDPR – Relationship with Directive 2002/58/EC, Art. 83 GDPR – General conditions for imposing administrative fines, Art. 78 GDPR – Right to an effective judicial remedy against a supervisory authority, Art. 41 GDPR – Monitoring of approved codes of conduct, Art. Art. Processing by a processor shall be governed by a contract or other legal act under Union or Member … Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and … Continue reading Art. If a processor uses another organisation (ie a sub-processor) to assist in its processing of personal data for a controller, it needs to have a written contract in place with that sub-processor. July 2020. GDPR compliance is easier with encrypted email. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes. 1, 3, Art. processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest; ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; respects the conditions referred to in paragraphs 2 and 4 for engaging another processor; taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in, assists the controller in ensuring compliance with the obligations pursuant to. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organisational measures to ensure a level … Continue reading Art. 48 GDPR – Transfers or disclosures not authorised by Union law, Art. 28 GDPR (2020). Processing by a processor shall be governed by a contract or other legal act under Union or Member … Adherence of a processor to an approved code of conduct as referred to in, Without prejudice to an individual contract between the controller and the processor, the contract or the other legal act referred to in paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8 of this Article, including when they are part of a certification granted to the controller or processor pursuant to, The Commission may lay down standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the examination procedure referred to in, A supervisory authority may adopt standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the consistency mechanism referred to in. Art. Processing by a processor shall be governed by a contract or other legal act under Union or Member State law, 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. DK SA Standard Contractual Clauses for the purposes of compliance with art. 28 GDPR – Processor; Art. The standard processor agreement has been adopted by the Danish SA pursuant to art. If you continue to use this site we will assume that you are happy with it. 6. 28 GDPR (January 2020) 01 January 2020. Article 29 EU GDPR "Processing under the authority of the controller or processor" => administrative fine: Art. 32 GDPR – Security of processing; Art. 34 GDPR – Communication of a personal data breach to the data subject, Art. Nothing found in this portal constitutes legal advice. 39 GDPR – Tasks of the data protection officer, Art. Adherence of a processor to an approved code of conduct as referred to in, Without prejudice to an individual contract between the controller and the processor, the contract or the other legal act referred to in paragraphs 3 and 4 of this Article may be based, in whole or in part, on standard contractual clauses referred to in paragraphs 7 and 8 of this Article, including when they are part of a certification granted to the controller or processor pursuant to, The Commission may lay down standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the examination procedure referred to in, A supervisory authority may adopt standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the consistency mechanism referred to in. 31 GDPR – Cooperation with the supervisory authority, Art. 24 GDPR – Responsibility of the controller, Art. 28 GDPR - Responsabile del trattamento . Di Redazione Altalex. Articolo 28 - Responsabile del trattamento - EU regolamento generale sulla protezione dei dati (EU-RGPD), Easy readable text of EU GDPR with many hyperlinks. 28(8) GDPR and aims at helping organisations to meet the requirements of art. Paragraph 1 shall not apply if the decision: is necessary for entering into, or performance of, a contract between … Continue reading Art. © 2021 Proton Technologies AG. 33 GDPR – Notification of a personal data breach to the supervisory authority; Art. 28(8) GDPR and aims at helping organisations to meet the requirements of art. Communication of a personal data breach to the data subject. Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. The standard processor agreement has been adopted by the Danish SA pursuant to art. Art. Art. 32 GDPR – Security of processing; Art. 28 GDPR (Processor) 1. 14 GDPR – Information to be provided where personal data have not been obtained from the data subject, Art. 28 GDPR and allows for and contributes to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer at Customer’s expense. 87 GDPR – Processing of the national identification number, Art. 68 GDPR – European Data Protection Board, Art. The standard processor agreement has been adopted by the Danish SA pursuant to art. Additional governance requirements under the GDPR include: Controllers and processors must, in certain circumstances, appoint a data protection officer to monitor and advise on compliance with the GDPR and with internal privacy policies and procedures (Article 37). DLA Piper’s Article 28 GDPR working group produced this “Example Data Protection Addendum Addressing Article 28 GDPR (Processor Terms) and Incorporating Standard Contractual Clauses for Controller to Processor Transfers of Personal Data from the … 46 GDPR – Transfers subject to appropriate safeguards, Art. SMART makes available to the Customer all information necessary to demonstrate compliance with the obligations laid down in Art. Art. Art. 29. Where that other processor fails to fulfil its data protection obligations, the initial processor shall remain fully liable to the controller for the performance of that other processor’s obligations. 15 GDPR – Right of access by the data subject, Art. 28 GDPR Processor. 33 GDPR – Notification of a personal data breach to the supervisory authority 28. 28 GDPR – Processor; Art. 28. General Data Protection Regulation (GDPR), Transfers of personal data to third countries or international organisations, Provisions relating to specific processing situations. This is not an official EU Commission or Government resource. The contract or the other legal act referred to in paragraphs 3 and 4 shall be in writing, including in electronic form. Where a processor engages another processor for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor as referred to in paragraph 3 shall be imposed on that other processor by way of a contract or other legal act under Union or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of this Regulation. Art. Art. 22 GDPR – Automated individual decision-making, including profiling, Art. 38 GDPR – Position of the data protection officer, Art. Processing under the authority of the controller or processor. Processor. The processor shall not engage another processor without prior specific or general written authorisation of the controller. 8 GDPR – Conditions applicable to child’s consent in relation to information society services, Art. Regolamento UE 2016/679, art. 83 (4) lit a The processor and any person acting under the authority of the controller or of the processor, who has access to personal data, shall not process those data except on instructions from the controller, unless required to do so by Union or Member State law. 96 GDPR – Relationship with previously concluded Agreements, Art. 31. 34. GDPR - … Processing by a processor shall be governed by a contract or other legal act under Union or Member … 18 GDPR – Right to restriction of processing, Art. 77 GDPR – Right to lodge a complaint with a supervisory authority, Art. 31 GDPR – Cooperation with the supervisory authority; Art. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. All Rights Reserved. Die d.vinci HR-Systems GmbH wurde von uns sorgfältig ausgewählt.Es bestehen vertragliche Regelungen entsprechend den Voraussetzungen der DS-GVO (Art. 1 GDPR – Subject-matter and objectives, Art. 10 GDPR – Processing of personal data relating to criminal convictions and offences, Art. 82 GDPR – Right to compensation and liability, Art.