Guest user Created: Dec 20, 2018 Last commented: Dec 20, 2018

Data processor's contractual obligations

EU GDPR

Is it permitted for a data processor to make a separate contract with their data controller's data subjects?

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Andrei Hanganu Dec 20, 2018

Answer:

If you receive the data from the controller and you are acting as a processor, you need to only process the data based on the controller's instructions. So, if the controller does not instruct you to enter into contracts with the data subject you may be in breach of the Processing Agreement you have with the controller. Moreover, you may also have a non-competition clause in the commercial agreement with the controller forbidding you to “steal” the controller customers. Anyway is difficult to say unless I have all the details.
To find out more about what processors are allowed to do, check out this article: EU GDPR controller vs. processor – What are the differences? ( https://advisera.com/eugdpracademy/knowledgebase/eu-gdpr-controller-vs-processor-what-are-the-differences/ )

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Dec 20, 2018

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