However, totally new is the obligation concerning Data Processors, in particular cloud service provider: The new regulations are not only legally binding for the controllers, but for the processors as well. According to Art. 30 (2) GDPR, the processor has to keep such an record also concerning his services. In the future, cloud service customer will also ask the processor to provide his records as a part of customer’s privacy management. Therefore, cloud service providers have to prepare respective documents to provide cloud services also as a service as far as privacy is concerned.
The Bavarian data protection authorities has published an information text regarding the newly established records of processing activities (Art. 30 GDPR). Controllers, as well as processors, are obliged to have records of their processing activities. Though this does not apply to companies with less than 250 employees unless the processing likely to result in a risk to the rights and freedoms of data subjects, is not occasional, or the processing includes special categories of data such as data revealing religious beliefs, data concerning health (Art. 9 GDPR) or data relating to criminal convictions and offences (Art. 10 GDPR).
The record is not publicly accessible, but the controller or the processor has to make the record available to the supervisory authority on request (Art. 30 (2) GDPR). The record must contain the essential information stated in Art. 30 (1) GDPR, e.g. the purpose of the processing, a description of the categories of data subjects and recipients.
Infringements due to a missing or incomplete record of processing activities are subject to administrative fines up to 10.000.000 EUR or 2 % of the total worldwide annual turnover of the preceding financial year, whichever is higher (Art. 83 (4a) GDPR.
Article provided by:
- Attorney-at-law Dr. Jens Eckhardt, Derra, Meyer & Partner, Düsseldorf, Ulm, Berlin
- Attorney-at-law Nils Steffen, Derra, Meyer & Partner, Ulm
