I've had clients who have expressed the view that, because the DP *collects* the data - think a website operator - they are the/a DC ... despite the contract setting out the relationship.
There are many disconnects in understanding between the Data Protection and Legal/Contract Management functions and business managers.
M
Sent from my iPad
On 4 Oct 2013, at 16:03, Paul Ticher <[log in to unmask]> wrote:
> I have been involved in drawing up or reviewing numerous Data Processor contracts and Data Sharing agreements between joint Data Controllers. In every case I have recommended a clause specifying that the Data Processor cannot subcontract anything without prior agreement of the Data Controller (not to be unreasonably withheld) and no joint Data Controller can subcontract anything without agreement from the other(s). Obviously - to my mind - if someone agrees to any sub-contracting arrangement they accept their share of the responsibility for it.
>
> Best wishes,
>
> Paul
>
>
> Paul Ticher
> 0116 273 8191
> www.paulticher.com
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> For continuous priority support on Data Protection, sign up to my support service:
> www.paulticher.com/data-protection-services
>
>
> ----- Original Message ----- From: "Lawrence Serewicz" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Friday, October 04, 2013 11:45 AM
> Subject: Re: WP29 Opinion on data processors (who faces the music?)
>
>
>> Dear All
>>
>>
>>
>> Following on from this issue, with the Scottish Borders Breach issue in the background, we can say the following based on my reading of the ICO guidance.
>>
>>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|