If your contractual partner is in breach of the GDPR requirements and aren’t fulfilling their end of the agreement, which entity is liable for the fine and how do you raise any concerns?
- The fact of the matter is that you remain liable for the actions of anyone that you send data too – even if a contract is in place which your partner or supplier is in breach of.
- One key objective of the GDPR is to make sure that entities take responsibility for data they collect, process and send to others. As such it asks that any data that is sent to others is covered by contract, that the entity in receipt of the data only acts on the “documented instructions of a controller”.
- It is required that the controller needs to audit and review whether the people they send information to are capable (or indeed willing) to comply to the GDPR – and if not to act accordingly, as they are accountable for their decision to work with these partners.
- It is important for companies to be GDPR compliant as other businesses will only look to do business with those who actively manage their data according to GDPR principles. Companies who wilfully ignore GDPR will be viewed as a large risk by in-house counsel and boardrooms alike.
- As far as the fine goes for non-compliance, both entities are in the firing line.
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