A data processor in the context of the GDPR is responsible for processing personal data on behalf of a data controller and must follow the controller's instructions. The processor is responsible for ensuring the security and confidentiality of the personal data, implementing appropriate technical and organizational measures, assisting the controller with data subject requests, notifying the controller promptly in case of data breaches, and complying with the terms of a binding contract known as a data processing agreement. Additionally, the processor may engage subprocessors only with the controller's prior written authorization and must ensure they are also GDPR- compliant. The GDPR holds processors directly accountable for their obligations, including maintaining records and possibly appointing a data protection officer. They play an active role rather than being passive processors and can face significant fines for non-compliance.
Key Responsibilities of a GDPR Data Processor:
- Process personal data only on documented instructions from the controller.
- Implement and maintain appropriate security measures to protect data.
- Ensure confidentiality of personnel processing the data.
- Assist the controller in fulfilling their GDPR obligations (e.g., responding to data subject rights, data breach notifications).
- Notify the controller immediately about any personal data breaches or GDPR infringements.
- Maintain detailed records of processing activities.
- Obtain controller’s approval before engaging subprocessors.
- Be directly accountable under GDPR and subject to supervisory authority enforcement.
This set of responsibilities marks a significant shift from earlier data protection laws by placing a proactive and accountable role on processors under the GDPR.
