Controller and processor obligations

GDPR Chapter IV, Articles 24 to 31: controller responsibility, data protection by design and by default, joint controllers, EU representatives, processor contracts, instructions, records of processing and cooperation with supervisory authorities.

Article 24 Responsibility of the controller

The general duty to implement risk-based technical and organizational measures and to be able to demonstrate compliance, including data protection policies and the role of codes of conduct and certification as evidence.

Article 25 Data protection by design and by default

Building data protection principles into systems at design time and throughout operation, and privacy-protective defaults for collection, extent of processing, retention and accessibility. Applies to existing systems too.

Article 26 Joint controllers

When two or more parties jointly decide purposes and means: the arrangement that allocates responsibility for rights requests, notices, security and breaches, and the data subject's right to act against each controller.

Article 28 Processor

Choosing processors with sufficient guarantees, the mandatory contract terms, sub-processor authorization and flow-down, and the Commission standard clauses that can be used. The legal core of vendor and hosting due diligence.

Article 30 Records of processing activities

The written record controllers and processors keep of their processing: required content, the processor version, availability to the supervisory authority, the under-250-employee exemption and its proposed widening.

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