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WATCH: Facebook faces “eye-watering” GDPR fine for sharing personal data with third parties April 08 10:00 2019 by GDPR Associates Print This Article A data breach affecting millions of Facebook users “may become the defining moment of GDPR”, according to an expert in data protection law. However, Article 4(10) of the GDPR defines ‘ third party ’ as “ a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data ”.
If in doubt, take legal advice.Although Article 26 of the GDPR requires an agreement between joint controllers, it does not require a written agreement between joint controllers, but having a written agreement in place to evidence the arrangement is best practice and helps to demonstrate accountability.Equally, if you, as a data controller, are sharing personal data with an independent data controller (i.e. Before sharing the collected personal data, the company should ensure it has a legal basis for the transfer. The sharing might be one-off or long-term or ongoing, and it applies primarily to situations where the University is outsourcing or offering a function involving personal data (whether storage or more active management) that it could have chosen to do for itself.Have a binding contract that commits the data processor to certain standards, including with regard to security, the engagement of further 'sub-processors', helping the University to meet its GDPR obligations with regard to individual rights and accountability requirements, and cooperating with University audits and inspections.
You will have already identified these organisations in your record of processing. I find that very often people are confused about data sharing and whether it is possible or not within the confines of the GDPR, so I hope this article clears up some of the confusion for you.You can either share data so that both entities are joint controllers or so that each of you are independent controllers (or indeed from data controller to data processor, though this is not considered in this article). Specifically: “A transfer of personal data to a third country or an international organisation may take place where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection.”
Below are some examples. It is solely the responsibility of each agency to ensure The ICO website outlines the Examples of such data sharing at the University are:Sharing lists of alumni with a mailing house to enable the despatch of an alumni magazine.Using a cloud storage or other third party provider to store the personal data of staff, students or others.Using a form hosted on a third party website to run a survey or collect information from staff, student or others.Using a supplier to provide a service to staff, students or others that involves the supplier handling the contact or other details of those individual staff or students.Using a third party company to perform specialist analysis on a University research dataset containing personal data in order to return the results of the analysis to the Principal Investigator.Standard University data processing clauses and data processing agreements should be used where possible (see If that is not possible, it may be that the contract terms (or terms of business) of the third party contain adequate clauses - advice should be sought from the Because the GDPR applies across the EEA, there are additional restrictions and conditions when data sharing involves a transfer outside the EEA so as to ensure that the personal data are still covered by an 'adequate' level of protection after they have been transferred (Articles 44-50 of the GDPR).
It is useful to list all the organisations that you share data with on a regular basis. another university) for them to carry out new research using the personal data. Regardless of the nature of the arrangement and the division of responsibilities between the joint controllers, a data subject may exercise their rights against each of the joint controllers.Although not legally required for a joint controller Data Sharing Agreement, it would be wise to include these elements for joint controllers too:Small Business Legals can be tough. )A template data sharing agreement is available on request from the CUDAR has a template agreement for sharing the personal data of alumni with individuals (e.g. (This also works the other way round, whereby a University researcher might be the recipient of a dataset created by a third party organisation. Whilst it’s important that you’re on top of your data compliance, it’s also essential that you check that any third party data processors you use are also compliant. References. * The derogations in the first three (asterisked) bullet points above are not available to 'public authorities in the exercise of their public powers'. No data can be sent about an individual who objected to the processing of their personal data. The GDPR (General Data Protection Regulatio n) has extended the scope of responsibility when it comes to data protection and privacy, meaning you need to be a lot more careful about the implications of security incidents caused by service providers. information about living identifiable individuals. Every organisation that processes personal data must comply with the new GDPR rules that take effect in May 2018. Information Compliance The restrictions only apply to sharing personal data, that is information about living identifiable individuals (and not, for example, anonymised data).Sharing personal data must comply with the data protection principles. considered when sharing personal data, it provides no guidance on the practical measures that could be taken to comply with them. Her favourite article is not a joint controller), I recommend having an agreement in place (particularly where the data sharing is systematic, large-scale, or risky) even though the GDPR doesn’t specifically require it. Alexis is our in-house GDPR expert and writes accessible and comprehensive content that enables businesses to be compliant with this new piece of legislation. That’s why they ended the practice just before the GDPR drastically increased their exposure to fines.That said, GDPR compliance doesn’t have to be difficult. Your information will *never* be shared or sold to a 3rd party.GDPR – Do I Need to Get Fresh Consent for my Email Marketing?
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