Please advise regarding the below
As a data processor , what is the legal basis of processing the data noting that we need to process the data to provide our services to the data controller and that consent is not obtained from our side and we don’t sign a contract with the data subject however we sign it with the data controller.
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The data processor processes data on behalf of the data controller, under Article 28 GDPR, with a written binding legal document.Therefore, the legal basis of data processing is to perform a contract obligation (toward the data controller).The data subject shall contact the controller to handle their consent and the controller shall inform the processor on how to proceed (in case of Data Subject Access Right procedure or consent withdrawal).
Here you can find more information on the processor obligations and data subject management:
- EU GDPR controller vs. processor – What are the differences? https://advisera.com/eugdpracademy/knowledgebase/eu-gdpr-controller-vs-processor-what-are-the-differences/
- Data subject rights according to GDPR https://advisera.com/eugdpracademy/knowledgebase/8-data-subject-rights-according-to-gdpr//
- Four main questions for obtaining and managing data subjects’ consent under GDPR https://advisera.com/eugdpracademy/knowledgebase/four-main-questions-for-obtaining-and-managing-data-subjects-consent-under-gdpr/
If you need to know more about data subjects rights and processor obligation under the EU GDPR you may consider enrolling in our free online training EU GDPR Foundations Course: https://advisera.com/training/eu-gdpr-foundations-course//
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Jan 20, 2021