Data controllers can only process personal data in one of the following circumstances:

• with the consent of the individuals concerned;
• where processing is necessary for the performance of a contract (a contract between your organisation and an individual);
• to meet a legal obligation under EU or national legislation;
• where processing is necessary for the performance of a task carried out in the public interest under EU or national legislation;
• to protect the vital interests of an individual;
• for your organisation’s legitimate interests - except where they are overridden by the rights and freedoms of individuals.

In addition, the GDPR establishes additional conditions for the processing of sensitive data.

More information:

• Process personal data lawfully

The task of the DPO include, among others:

• to inform and advise the organisation and its employees on data protection compliance;
• to monitor data protection compliance;
• to provide advice on requests concerning the data protection impact assessment (DPIA);
• to act as a contact point for the data protection authority (DPA) and to cooperate with that DPA;
• to act as a contact point for individuals.

In addition, the DPO’s presence is generally recommended where decisions with data protection implications are taken. The DPO should also be promptly consulted once a data breach or another incident has occurred.

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• Data Protection Officer

A valid contract between the data controller and data processor is obligatory under the GDPR. An infringement can be subject to an administrative fine up to 10M€ or up to 2% of the total annual turnover of a company, whichever is higher.

To help guide you when setting up a controller-processor agreement, the Danish and Slovenian data protection authorities, as well as the European Commission, have developed template agreements.

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• Data controller or data processor

DPOs can fulfil other tasks within the organisation, but this cannot result in a conflict of interest. This implies that the DPO cannot have a position in which they determine the purposes and means of the processing activities. Conflicting functions include mainly management positions (chief executive, chief operating, chief financial officer, Head of HR, Head of IT, managing director) but may also involve other functions if they lead to the determination of purposes and means of processing.

The DPO must be able to perform their duties and tasks in an independent manner. This means that your organisation:

• may not give instructions to the DPO with regard to the performance of their DPO duties;
• may not penalise or dismiss the DPO for performing their tasks.

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• Data Protection Officer

When there are two or more data controllers who jointly determine the purpose and means of processing, they are considered joint controllers. They decide together to process personal data for a joint purpose. Joint controllership can take many forms and participation of the different controllers may be unequal. Joint controllers must therefore determine their respective responsibilities for compliance with the GDPR.

It is important to note that joint controllership leads to joint responsibility for a processing activity.

• Example of joint controllership:  Companies A and B have launched a co-branded product and wish to organise an event to promote this product. To that end, they decide to share data from their respective client and prospective client databases and decide on the list of invitees to the event on this basis. They also agree on the modalities for sending the invitations to the event, how to collect feedback during the event and follow-up marketing actions. Companies A and B can be considered joint controllers for the processing of personal data related to the organisation of the promotional event as they decide together on the jointly defined purpose and essential means of the data processing in this context.

More information:

• Data controller or data processor

The contract between the data controller and the data processor must stipulate that the data processor:

• processes the personal data only on the instructions of the data controller, including with regard to transfers of personal data to a country outside the EEA;
• ensures that the persons authorised to process the data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
• ensures security of processing;
• shall not engage another data processor without prior specific or general written authorisation of the data controller;
• assists the data controller for the fulfilment of the data controller’s obligations to respond to individual’s requests for exercising their rights;
• assists the data controller in securing the processing, notifying data breaches, and performing DPIAs;
• at the choice of the data controller, deletes or returns all personal data to the data controller after the end of the provision of services;
• makes available to the data controller all necessary information to demonstrate compliance with the obligations under the GDPR;
• allows for and contributes to audits, including inspections conducted by the data controller or another auditor mandated by the data controller.

In addition, the data processor shall immediately inform the data controller if, in its opinion, instructions infringe the GDPR or other EU or national data protection provisions.

More information:

• Data controller or data processor

1. Make sure that the data that you received was collected legitimately and that the individuals concerned have been informed about the processing of their personal data.
2. In case a third party is processing personal data on your behalf, make sure you have a controller-processor contract, which details the processing operations and means to process personal data.

And of course, comply with all the obligations of controllers.

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• Data controller or data processor

Processing personal data is allowed if there is a legal basis for it. In addition to free, specific , informed and unambiguous consent, other legal bases for processing can be used.
In other words, consent is necessary when none of the other legal bases applies.

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• Process personal data lawfully

Publishing the names of the winners of a competition on your website could be considered as a legitimate interest, if you can prove this by carrying out a balancing test to determine whether your legitimate interests outweigh individuals’ right.

A good practice would be to set up an internal procedure in which the rules on publishing personal data of winners are explained.

In addition, the processing of personal data for these purposes should be part of the competition’s privacy policy, so that participants are informed in advance about how their data is going to be processed.

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• Process personal data lawfully

Yes, your clients must be informed, when they make a telephone call, of the purposes of the recording, the recipients of the recordings, of their right to object and their right to access the recordings.

More information:

• Process personal data lawfully