PDPF Exam Dumps : Privacy and Data Protection Foundation

Verify that the processor has sufficient security guarantees that are essential for the Controller to remain in

compliance with the GDPR. Remember that the responsibility is always of the controller who must take care of the data of the data subjects that have been entrusted to him.

Recital 81 mentions the following:

(81) To ensure compliance with the requirements of this Regulation in respect of the processing to be carried out by the processor on behalf of the controller, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organizational measures which will meet the requirements of this Regulation, including for the security of processing. The adherence of the processor to an approved code of conduct or an approved certification mechanism may be used as an element to demonstrate compliance with the obligations of the controller.

When there is a processor and an operator in EEA countries, the competent authority will be the location of the Controller, however the Supervisory authority of the Controller is considered to be a concerned Supervisory Authority (who has interests).

Therefore, the Processor Supervisory Authority evaluates and approves the rules of the contract, in accordance with Article 57 of the GDPR, and must notify the Controller Supervisory Authority.

In its Article 57, the GDPR legislates on the Responsibilities of the Supervisory Authority. In its first paragraph, items “r” and “s”:

r)Authorise contractual clauses and provisions referred to in Article 46(3);

s)Approve binding corporate rules pursuant to Article 47.