Are Employees Data Processors?

What is a data processor responsible for?

A processor is responsible for processing personal data on behalf of a controller.

If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data and processing activities..

How do I know if I am a data controller or processor?

Answer. The data controller determines the purposes for which and the means by which personal data is processed. So, if your company/organisation decides ‘why’ and ‘how’ the personal data should be processed it is the data controller.

Is a law firm a data controller or processor?

Question: Are law firms considered “processors” or “controllers” of the personal data that they receive from clients? Answer: It depends. Many lawyers (and clients) incorrectly assume that attorneys must be processors because they are service providers of their clients.

Can you be a data controller and processor?

An organisation cannot be both data controller and processor for the same data processing activity; it must be one or the other.

Who is a data processor under GDPR?

The definition of a data processor and variety of data processors. The formal definition of the processor as you can read it in the GDPR Articles (GDPR Article 4): Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

How long can a company keep my data?

How long can we keep personal data for archiving, research or statistical purposes? You can keep personal data indefinitely if you are holding it only for: archiving purposes in the public interest; scientific or historical research purposes; or.

Is Facebook a data controller or processor?

Under the GDPR, data processors have obligations to process data safely and legally. While Facebook operates the majority of our services as a data controller, there are some instances in which we operate as a data processor when working with businesses and other third parties.

What is the difference between a controller and a processor?

In short, the controller determines the purpose of the data processing while the processor is the one who actually processes the data. … Processors will also decide how the data will be retrieved from individuals, how data can be disposed of or deleted and more.

Are employees data processors under GDPR?

Yes. If you are a processor that provides services to other controllers, you are very likely to be a controller for some personal data and a processor for other personal data. For example, you will have your own employees so you will be a controller regarding your employees’ personal data.

Is a bank a data controller or processor?

They are a processor for data that you enter into the system about 3rd parties, e.g. your customers. The agreement you have with them should make this clear (although from a quick skim of the Intuit privacy policy it doesn’t).

Who is responsible for personal data?

A controller is ‘the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data’. This definition envisages that more than one ‘controller’ is possible in relation to the same personal data (‘or jointly’).

Which best describes the responsibility of the data processor?

Under the Act, it is the data controller that must exercise control over the processing and carry data protection responsibility for it. They determine the purpose for which data are processed. The data processor processes data on behalf of the data controller. … whether to disclose the data, and if so, who to.

How long should data be kept for?

Personal injuries claimsExample of employee dataStatutory retention periodWeekly working hours, name and address of employee, PPS numbers, and statement of duties3 yearsRecords relating to employees under 18 years3 yearsRecords relating to collective redundancies3 yearsRecords relating to parental leave8 years4 more rows•May 7, 2018

How do I become a data processor?

To become a data processor, you need a high school education….Tips for Becoming a Data Processor:Become a proficient typist. You will not be hired if you are not quick and typing and knowledgeable of a computer system and software.Practice proofreading. … Learn data processing software. … Get a student job or internship.

Is Google a data controller?

Our uses of that data, to benefit different parties, mean that we are data controllers, not processors. … Google’s use of data continue to be controlled by the terms of its contract with its publishers, and any feature-specific settings chosen by a publisher through the user interface of our products.