In both scenarios would Company B do the processing even if Company A hadn't asked it to?
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From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 22 June 2018 14:21
To: [log in to unmask]
Subject: [data-protection] Friday Question
Scenario 1. Company A commissions a service from Company B which uses personal data which takes 5 hours a week. It will be carried out by B's employee C at B's premises and the data is recorded and processed on B's system. It is work requiring skill and expertise such that B will clearly be a controller.
alternatively
Scenario 2. Company A "purchases" the services of C from Company B for five hours a week. C carries out the same work at B's premises and the data is recorded and processed on B's system. A and B agree that B is not a controller but merely a processor to store A's data and enter into an appropriate data processing agreement for that.
So what happens in the real world is identical in both cases but because the ink on the pages has different words the controller / processor relationship is very different. Does anyone have a problem with that given it is up to the parties to define responsibilities provided that is compatible with the law?
Does scenario 2 require that C actually has a contract with A for those 5 hours? i.e. In the absence of such a contract does it become equivalent to scenario 1 ?
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