Amit Luhach - International Data Protection Laws

The below checklist sets out indicators as to whether you are a controller, processor or joint controllers. The more boxes you tick, more likely you are to fall within the relevant category. 39

Are you a controller?

☐ You decided to collect or process personal data.

☐ You decided what the purpose or outcome of the processing was to be.

☐ You decided what personal data should be collected.

☐ Deciding which individuals to collect personal data about.

☐ You get commercial gain or benefits from processing, except for any payment for services from another controller.

☐ You process personal data as a result of a contract between us and the data subject.

☐ The data subjects are our employees.

☐ You make decisions about individuals concerned as part of or as a result of processing.

☐ You exercise professional judgement in personal data processing.

☐ You have a direct relationship with the data subjects.

☐ Complete autonomy as to how personal data processed.

☐ You have appointed the processors to process the personal data on our behalf.

Are you a processor?

☐ You are following instructions from someone else regarding the processing of personal data.

☐ You were given the personal data by a customer or a similar third party or told what data to collect.

☐ You do not decide to collect personal data from individuals.

☐ You do not decide what personal data should be collected from individuals.

☐ You do not decide the lawful basis for the use of that data.

☐ You do not decide what purpose or purposes the data will be used for.

☐ You do not decide whether to disclose the data or to whom.

☐ You do not decide how long to retain the data.

☐ You may make some decisions on how data is processed, but implement these decisions under a contract with someone else.

☐ You are not interested in the end result of the processing.

Are you joint controllers?

☐ You have a common objective with others regarding the processing.

☐ You are processing the personal data for the same purpose as another controller.

☐ You are using the same set of personal data (e.g. one database) for this processing as another controller.

☐ You have designed this process with another controller.

☐ You have common information management rules with another controller.

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