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when must data controllers not retain data

  • Listed: 2 May 2021 23h40

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https://www.gdpreu.org/the-regulation/key-concepts/data-controllers-and-processors/

GDPR data controllers and data processors

Data Controllers and Processors


According to Article 29 of the GDPR, a data processor must only process personal data according to the data controller’s instructions unless required to do so by law. Individual users can file compensation claims and damages against both data controllers and data processors.

https://www.i-scoop.eu/gdpr/data-controller-data-controller-duties/

The data controller and data controller duties under the GDPR

The data controller and data controller duties under the GDPR


More data controller responsibilities: from record keeping and enabling data subject rights to specific obligations. Controllers must also keep records of their processing activities (GDPR Article 30) and when doing so and when preparing new processing activities must consider the appropriate legal grounds for lawful processing as mentioned …

https://www.termsfeed.com/blog/gdpr-procedures-data-controllers-processors/

GDPR Procedures for Data Controllers and Data Processors …
https://www.termsfeed.com/blog/gdpr-procedures-data-controllers-processors/
The data controller needs to help the individual exercise these rights. This means that if the individual asks the data controller to provide a copy of their personal data, or for some of their personal data to be erased, the data controller needs to do this. If it is not possible, the data controller must provide a justification for not doing it.

https://www.citizensinformation.ie/en/government_in_ireland/data_protection/obligations_under_general_protection_regulation.html

Controlling and processing personal data
https://www.citizensinformation.ie/en/government_in_ireland/data_protection/obligations_under_general_protection_regulation.html
The controller should then notify the data subject without delay. A controller must also notify a data subject without delay in clear and plain language if the data breach is likely to result in a high risk to the rights and freedoms of the data subject. An example of a high risk situation would be where your bank details are stolen.

https://www.dporganizer.com/blog/gdpr/gdpr-data-controller-vs-processor/

GDPR: Know the difference between data controller and data …

GDPR Basics: What is the difference between a data controller and a data processor?


The data controller can also process the data by its own means. There may be situations, however, where a data controller needs to use an external service to process the data further. In this case, the data controller allows another company to process the personal data. This does not entail that the data controller gives control to …

https://gdprinformer.com/gdpr-articles/rules-record-keeping-gdpr

Rules for Record-Keeping Under the General Data Protection …

Rules for Record-Keeping under the GDPR


Both data processors and controllers must keep records of their activities, though there are dissenting opinions. The Belgian DPA, for example, opines that it is not necessary for all of them to keep records; as long as they are able to quickly present them when required, the party that has been doing the processing should keep them on hand.

https://www.aria-grace.com/post/why-should-data-controllers-take-article-28-3-of-the-gdpr-seriously

Why should data controllers take Article 28(3) of the GDPR …
https://www.aria-grace.com/post/why-should-data-controllers-take-article-28-3-of-the-gdpr-seriously
Data controllers (unless they have smaller organisations exemption status) are required to maintain a record of their processing and most data controllers do this within an internal data register in order to comply with Article 30 of the GDPR.

https://itgovernance.co.uk/blog/top-tips-for-data-retention-under-the-gdpr

GDPR & Data Retention: What Are the Rules?

How to write a GDPR data retention policy – with template


As long as one of your purposes still applies, you can continue to store the data. You should also consider your legal and regulatory requirements to retain data. For example, when the data is subject to tax and audits, or to comply with defined standards, there will be data retention guidelines you must follow.

https://www.rocketlawyer.com/gb/en/blog/data-protection-when-should-you-destroy-documents/

Data protection – When should you destroy documents …
https://www.rocketlawyer.com/gb/en/blog/data-protection-when-should-you-destroy-documents/
All business agreements and contracts (such as an employment contracts) should be retained for a period of six years before you destroy them, excluding the particular length of any contracts. VAT records must be kept for at least six years after they are created, with both digital and physical copies helping you to remain compliant.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles/storage-limitation/

Principle (e): Storage limitation | ICO
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles/storage-limitation/
You must not keep personal data for longer than you need it. You need to think about – and be able to justify – how long you keep personal data. This will depend on your purposes for holding the data. You need a policy setting standard retention periods wherever possible, to comply with documentation requirements.

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