Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter IV Controller and processor

Section 1 General obligations

Article 24 Joint controllers

October 2013

Article 24

Where several controllers jointly determines the purposes and means of the processing of personal data, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them. The arrangement shall duly reflect the joint controllers' respective effective roles and relationships vis-à-vis data subjects, and the essence of the arrangement shall be made available for the data subject. In case of unclarity of the responsibility, the controllers shall be jointly and severally liable.

[Source: October 2013]

Recital 62

(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller. The arrangement between the joint controllers should reflect the joint controllers' effective roles and relationships. The processing of personal data under this Regulation should include the permission for a controller to transmit the data to a joint controller or to a processor for the processing of the data on their behalf.

[Source: October 2013 | Notes: Recitals | Context: Recitals]

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

Article 24 on joint controllers clarifies the responsibilities of joint controllers as regards their internal relationship and towards the data subject.

[Source: January 2012 | Context: Proposal from the European Commission]

Article 24 [Amended: October 2013]

Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them.

[Source: January 2012 | Context: Proposal from the European Commission]

Recital 62 [Amended: October 2013]

(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller.

[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]