Data processor and Data Controller

What is the Difference Between a Data Controller & a Data Processor?

A data processor processes any data that the data controller provides them with, whereas a data controller controls the practices and purposes of data usage.

What is a Data Controller?

The methods and objectives of data use are under the control of a data controller. Regarding the privacy and rights of the data subject, such as a website user, the data controller is held most accountable under the GDPR and other privacy laws. The data controller will, in essence, be in charge of determining how and why data will be used by the organization. A data controller is able to use its own procedures to process collected data. However, there are times when a data controller must collaborate with a third party or an outside service in order to handle the gathered data.

The data controller will not give up control of the data to the third-party service, even in this scenario. By laying out the specifics of how the data will be used and processed by that external service, the data controller will maintain control.

What is a Data Processor?

Any data that the data controller provides to the data processor is processed by them. A third-party data processor neither controls nor is the owner of the data they process. In other words, the data processor won’t be able to alter the usage of the data or the means by which it is used. As in the aforementioned illustration, the data processor is the outside business that the data controller selected to use and process the data. The directives issued by the data controller are binding on the data processor.

What are the Responsibilities of a Data Controller?

A data controller must determine whether each piece of information processed within their company complies with the GDPR.

• To compile customer, site visitor, and other targets’ personal data. To do this, they must be authorized by law.
• What to collect.
• Where, how, and for what purpose should the data be used.
• To change or modify the data that collected.
• How long the data is retained and when it should be deleted.
• Whether to share the data with outside parties or keep it internal. They choose who to share the data with as well.

What are the Responsibilities of a Data Processor?

A data processor is in charge of carrying out the actual processing of the data in accordance with the data controller’s detailed instructions, which may include:

• Use tools and strategies to gather personal data.
• Design, develop, and put into use IT systems and processes that would let the data controller collect personal information.
• Save the personal information the data controller has collected.
• Implement security measures to protect personal information.
• Transfer information from one organization to another, and vice versa.

Why It is Important to Understand Your Role

Knowing which role you play is crucial because the roles and responsibilities of a data controller and processor differ. The distinction might not be as distinct for some businesses and their outside service provider as it is in the example given above. The GDPR has therefore defined the various roles and duties expected of a data controller or a data processor.

You can be confident that you have fulfilled your end of the bargain in this way. For instance, if the data controller and processors are aware of their respective roles in a data breach. And ensure that they have fulfilled their obligations, they can reduce their risk exposure. If your business has contracted with a third party to process data, it is more crucial to confirm that they are aware of their GDPR responsibilities.

Dual Roles Under GDPR

It can be challenging to determine whether you are the data controller or the data processor in some circumstances because there are overlaps and murky areas. There are also situations in which you can act as both the controller and the processor of data. It is obvious that you are the data processor,. For example, if you store the data or perform the analytics for another business. As an illustration, suppose a data controller provides all of their data to an analytics provider who offers a number of reports. After that, the analytics provider will determine which of your data are required for the report you want. In this case, the analytics company becomes both a data controller and a data processor.

As organizations work to maintain GDPR compliance,. The roles and responsibilities of data controllers and data processors will become more crucial. Compliance depends on your ability to recognize the differences between the two and how your organization’s function in any given scenario affects your duties.