Q&As

What is the difference between a joint data controller and a data controller in common?

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Produced in partnership with Ashley Roughton of Ipchambers.eu
Published on LexisPSL on 31/08/2016

The following Information Law Q&A produced in partnership with Ashley Roughton of Ipchambers.eu provides comprehensive and up to date legal information covering:

  • What is the difference between a joint data controller and a data controller in common?

The current laws on data protection do not distinguish between a single data controller and a pool of them.

Pools of data controllers (controllers) may exist, and if they do, then the question arises as to how they make decisions about determining the purposes for which and the manner in which any personal data are, or are to be processed. The definition of controller contains the wording that pools of controllers may act jointly or in common.

The distinction is as follows:

A person is a controller jointly with another person if:

  1. when one of those persons ceases to exist the other takes over the right to make the relevant determinations, and

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