PrivacyPod23 Juni 2024

#61: Are you a controller or processor?... Well it's complicated

Prepare to get your mind blown (and not necessarily in a good way) - in this episode Laura, Floora, Pilvi, Milla and Hannes (what a full house!) discuss the theory and practice behind data processing roles.

What is the background of the roles, what is working and not working - why does CJEU want everyone to be joint controllers, what about the AI Act and much more.

If you bear with us to the very end we even throw in some suggestions on how to develop a less complex life for the many privacy professionals.

linkit:

EDPB guideline on controller and processor:

https://www.edpb.europa.eu/our-work-tools/our-documents/guidelines/guidelines-072020-concepts-controller-and-processor-gdpr_en

CJEU, judgment of July 10, 2018, Jehovan todistajat, C‑25/17, EU:C:2018:55 https://curia.europa.eu/juris/document/document.jsf?text=&docid=203822&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1305431

CJEU; judgment of June 5, 2018, Wirtschaftsakademie Schleswig-Holstein, C‑210/16, EU:C:2018:388 https://curia.europa.eu/juris/document/document.jsf?text=&docid=202543&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1305548

CJEU, judgment of July 29, 2019, Fashion ID, C‑40/17, EU:C:2019:629 https://curia.europa.eu/juris/document/document.jsf?text=&docid=216555&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1305826

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