The following Financial Services guidance note Produced in partnership with Marina Paul of Endgame Legal Consultancy Ltd provides comprehensive and up to date legal information covering:
This Practice Note on data protection and outsourcing provides guidance on:
the data protection regime under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) as applicable to outsourcing
the general obligations on customers (as controllers) under the GDPR
the specific obligations on customers (as controllers) under Article 28 of the GDPR
related provisions the customer should consider including
obligations on suppliers (as processors) under the GDPR
standard processing clauses, approved codes of conduct and certification schemes
sanctions and enforcement
steps the customer should take to comply with the GDPR
steps the supplier should take where the GDPR applies
matters likely to be negotiated
other information laws
overseas data protection laws, including the national laws of EU and EEA states
This Practice Note covers the law under the GDPR regime (which became directly applicable and fully enforceable in all EU Member States on 25 May 2018) as it applies in the UK. Outsourcing agreements involving the sharing or processing of personal data which continue or commence after 24 May 2018 need to comply with the requirements of the GDPR.
As further explained below, in the context of outsourced services, the customer will generally be a controller and the supplier a processor. This Practice Note is therefore drafted to address that scenario. Unless stated otherwise, references to the supplier or
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