Common use of DATA CONTROL Clause in Contracts

DATA CONTROL. Under the DPA, any organisation which “determines the purposes for which and manner in which any personal data are, or are to be, processed” is called a “data controller”. All data controllers are required to comply with the DPA whenever they process personal data (bearing in mind, as stated above, that “processing” includes collecting, storing, amending and disclosing data). At all times, when providing data to partners, the partner responsible for delivering a service will be considered the data controller, as opposed to the partner who may be the first point of contact. Partner organisations which receive data from that responsible delivery authority are considered to be “data processors” i.e., processing those data “on behalf of” the delivery partner. As a data processor, partners must at all times process data solely in accordance with the WDP’s instructions and comply with the security obligations set out in section 4.

DATA CONTROL. Under the DPA, any organisation which “determines the purposes for which and manner in which any personal data are, or are to be, processed” is called a “data controller”. All data controllers are required to comply with the DPA whenever they process personal data (bearing in mind, as stated above, that “processing” includes collecting, storing, amending and disclosing data). At all times, when providing data to partners, the partner responsible for delivering a service will be considered the data controller, as opposed to the partner who may be the first point of contact. Partner organisations which receive data from that responsible delivery authority are considered to be “data processors” i.e., processing those data “on behalf of” the delivery partner. As a data processor, partners must at all times process data solely in accordance with the WDPIDP’s instructions and comply with the security obligations set out in section 4.