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decision-quant-au-fond-n-138-2021.pdf

Here are the key points summarized:

Decision: The Chamber of Contentious Proceedings at the Authority for Data Protection decides to issue a reprimand to the first and second defendants for violating Article 28, paragraph 3 of the General Data Protection Regulation (GDPR).

Reasons:

  1. Lack of a contract between the defendant and the subcontractor.
  2. Failure to ensure that the subcontractor processed personal data in accordance with the GDPR.

Consequences: The reprimand is considered an effective, proportional, and deterrent measure against the defendants. Although there was an attenuating circumstance (the relatively recent entry into force of the GDPR), the Chamber emphasizes the importance of drafting a contract when hiring external service providers.

Key Takeaways:

  1. Contracts between data controllers and subcontractors must be drafted to ensure compliance with the GDPR.
  2. Data controllers have an obligation to monitor and ensure that their subcontractors process personal data in accordance with the GDPR.
  3. Failure to comply with these obligations can result in a reprimand or other sanctions.

Published: 2022-04-01 · Source: APD

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