1. What is joint controllership in the context of personal data processing?
According to Article 26 of the General Data Protection Regulation (GDPR), “Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers.” There are, of course, several levels of involvement of the parties in data processing, but when one of them has an influence on the purposes and means of processing, he acquires the status of joint controller.
2. Why a joint controllership agreement?
Once again, Article 26 of the RGPD states: “The joint controllers shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation etc.” Joint controllers are therefore required to finalise an agreement defining their respective obligations, hence the need for a joint controllership agreement.
In addition to this legal obligation, it is important to draft the contract in a precise and careful manner, in order to precisely define the rights and obligations of the parties in the context of the processing. It is thus from the contract that your responsibility will be deduced in case of violation. For example, a negligent joint controllership contract may, for example, entail your liability for unauthorised processing carried out by your co-controller, with extremely damaging consequences for your organisation.
3. LegalUP Consulting’s service
LegalUP Consulting offers you the drafting of a tailor-made contract, clearly and precisely defining your rights and obligations in the context of a joint processing of personal data, and ensuring the legal security of your organisation in view of this same processing.
LegalUP Consulting’s service is delivered in three stages, with three calls (telephone or video-conference) allowing a personalised execution adapted to your needs:
First of all, we invite you to book an appointment for an initial call of 15 minutes. Appointments are made via an online calendar which you can access by clicking on the button at the bottom of the page. During this first call, we will present the service offered by the firm, we’ll specify the first documents to send us for the smooth running of the service, and we’ll set a cost estimation that will be confirmed in writing as soon as possible.
We will also take advantage to respond to any eventual questions you may have about the service.
Following the first call, we will send you a quote, a link to make the payment and a letter of commitment that you must return signed by email. Upon receipt of the letter of commitment and confirmation of payment, we will start processing your request. To do this, a second call of 45 minutes will allow us to identify the specific needs of your organisation to deliver a tailor-made service. You may also book an appointment for this second call online, by clicking on the button at the bottom of this page, or via the link we will send you by email following our first call.
5 working days (flexible period defined by the parties in the case of complex requests) after the second call, we will get back to you via email for the execution of the service. You will also receive a link simultaneously which will enable you book an appointment for a third call of 15 minutes during which we will present you the result of our work in a detailed way and will submit you personalised recommendations.