
The obligations of the data processor are also extended to subcontractors.

Although article 28 includes provisions for regular jobs, most processors will need to develop a template contract which can be quickly and easily tailored for the processing work to be carried out.įrom the Text: “The processor shall not engage another processor without prior specific or general written authorisation of the controller” The text implies activities such as screening, merging, sorting, suppressing or home mover tracing recipients must all be explicitly stated and agreed to by the data controller. The contract must stipulate in writing the specific processing work to be carried out.įrom the Text: “ sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller” This contract cannot be the processors standard terms and conditions. GDPR requires data processors to have a written, legally binding contract between the data processor and the data controller.

Taking a data processing brief over the phone or undertaking processing work without a contract will not be acceptable from May 2018.įrom the Text: “Processing by a processor shall be governed by a contract or other legal act under Union or Member State law”įrom the Text: “processes the personal data only on documented instructions from the controller” Implement a Legal Contract for Processing Prepare to Assist ICO and Clients – in the event of an audit or breachġ.
DIRECT MAIL PROCESSORS UPDATE

Those failing to adhere to the regulations face fines of up to €20 million or 4% or annual global turnover – whichever is higher. Unprecedented power has been granted to the Information Commissioners Office (ICO), the independent authority tasked with implementing GDPR here in the UK.

The Information Commissioners Office Are Serious About GDPR Peter Galdies, Development Director DQM GRC The benefits will include greater clarity for processors and much greater confidence from their clients.” “GDPR means a new type of relationship between processors and their data controller customers – with more detailed and explicit instructions tallied to strong control by the processor. Organisations who send mail will seek only GPDR compliant mail producers to further limit their own exposure to breaches and fines. Failing to adequately prepare your business for GDPR increases the risk of fines, but will also likely cost data processors their clients. Organisations who collect, store and ‘own’ data are classified as data controllers, whereas organisations who take custody and use the data for example to print and send a direct mail campaign are classified as data processors.Īs of May 2018 data processors such as mailing houses, printers and data bureaux will be subject to many of the same new legal obligations enforced upon data controllers. If your business takes possession of personal information such as a list of named individuals to be mailed or cleansed, then chances are you will need to make changes to your business to become compliant with GDPR.
