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Data Protection Leader
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Volume: 14 Issue: 10
(October 2017)

litigation data controller data processor gdpr data security audit

robert lister

ropes & gray international llp


UK: ICO consults on draft GDPR guidance on contracts and liabilities

The Information Commissioner’s Office (‘ICO’) ran a brief consultation until 10 October 2017, on draft guidance on contracts and liabilities between controllers and processors (‘the Draft Guidance’) under the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’). Under the GDPR, when a controller uses a processor, it needs to have a written contract in place, not just covering data security, but all the key aspects of the controller-processor relationship, including the purpose of processing and the obligations and rights of the data controller. Further, although data processors must only act on the documented instructions of a controller, they will have some direct responsibilities under the GDPR. Robert Lister, Associate at Ropes & Gray International LLP, provides a breakdown of the Draft Guidance and sets out the main considerations for compliance and good practice in this area.

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