DATA PROTECTION
European Data Protection Board: Guidelines on the concepts of controller and processor in the GDPR adopted.
The Board adopted Guidelines on the concepts of controller and processor in the GDPR. Since the entry into application of the GDPR, questions have been raised as to what extent the GDPR brought changes to these concepts, particularly regarding the concept of joint controllership (as laid down in Article 26 GDPR and following several CJEU rulings), as well as the obligations for processors (in particular Article 28 GDPR) laid down in Chapter IV of the GDPR.
In March 2019, the EDPB together with its Secretariat organised a stakeholder event, which made clear that there was a need for more practical guidance and allowed the Board to better understand the needs and concerns in the field. The new Guidelines consist of two main parts: one explaining the different concepts; the other including detailed guidance on the main consequences of these concepts for controllers, processors and joint controllers. The Guidelines include a flow chart to provide further practical guidance. The Guidelines will be subject to public consultation.
In March 2019, the EDPB together with its Secretariat organised a stakeholder event, which made clear that there was a need for more practical guidance and allowed the Board to better understand the needs and concerns in the field. The new Guidelines consist of two main parts: one explaining the different concepts; the other including detailed guidance on the main consequences of these concepts for controllers, processors and joint controllers. The Guidelines include a flow chart to provide further practical guidance. The Guidelines will be subject to public consultation.
