GDPR Article 26 ensures that in the event of joint controllers operating with the same dataset, responsibilities are clearly understood between all parties, and data subjects are kept well informed of how their data is being managed between two distinct but co-operative controllers.
Joint controllers
- Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide the information referred to in Articles 13 and 14, by means of an arrangement between them unless, and in so far as, the respective responsibilities of the controllers are determined by Union or Member State law to which the controllers are subject. The arrangement may designate a contact point for data subjects.
- The arrangement referred to in paragraph 1 shall duly reflect the respective roles and relationships of the joint controllers vis-à-vis the data subjects. The essence of the arrangement shall be made available to the data subject.
- Irrespective of the terms of the arrangement referred to in paragraph 1, the data subject may exercise his or her rights under this Regulation in respect of and against each of the controllers.
Joint controllers
- Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide the information referred to in Articles 13 and 14, by means of an arrangement between them unless, and in so far as, the respective responsibilities of the controllers are determined by Union or Member State law to which the controllers are subject. The arrangement may designate a contact point for data subjects.
- The arrangement referred to in paragraph 1 shall duly reflect the respective roles and relationships of the joint controllers vis-à-vis the data subjects. The essence of the arrangement shall be made available to the data subject.
- Irrespective of the terms of the arrangement referred to in paragraph 1, the data subject may exercise his or her rights under this Regulation in respect of and against each of the controllers.
GDPR Article 26 defines joint controllership as any scenario where two controllers ‘jointly determine the purposes and means of processing’. On a basic level, this means that two joint controllers must perform practical, rather than formal, roles in processing an individual’s data.
When analysing the degree to which a party is a joint controllers, attention should be paid to whether or not an organisation exercises ‘decisive control’ over an individual’s data.
This doesn’t mean that two controllers should hold a steady, uniformed influence throughout the processing operation. Different degrees of control can be exercised by each controller at different stages.
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In this section we talk about GDPR Articles 26 (1), 26 (2) and 26 (3)
Organisations need to outline the details of any joint PII processing arrangement, with an accompanying PII controller – this includes general protection measures and all associated security requirements.
This includes:
| GDPR Article | ISO 27701 Clause | ISO 27701 Supporting Clauses |
|---|---|---|
| EU GDPR Articles 26 (1) to 26 (3) | ISO 27701 7.2.7 | None |
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