I was about to ask a similar question
We have a scenario where another government department has a contract with a data processor to carry out research.
We provide personal data to the data processor for the purpose of the research, however we do not have a direct contract with the processor.
If we send data directly to the contractor we would appear to be in breach as we have no contract with them.
However, if we put in place an ISA/MOU with the data controller would that suffice or would we need to be joint signatories to the contract.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Emile Douilhet
Sent: 04 June 2019 13:16
To: [log in to unmask]
Subject: Re: [data-protection] Joint Controllers Appointing a Processor
Hello!
If the Art 28 contract between A and C is indeed compliant, they would have laid out 26(1) responsibilities and made sure that C would only be involved in A's part in the processing - if A is processing any data on behalf of B without a contract there is a breach.
B can actually send data to C to manage, as long as C is acting as A's processor (and only A's, since there is no B/C contract) when this happens.
It really all depends on how the different agreements are set up.
Emile
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