The Information Commission's Office (ICO) has published new, detailed guidance on controllers and processors under the GDPR. In addition, they have also published guidance on contracts and liabilities between controllers and processors. 

The guidance also provides useful information around the specific terms or clauses that must be included in a contract between a controller and a processor or a processor and a sub-processor. 

This includes:

  • Processing only on the documented instructions of the controller.
  • Duty of confidence.
  • Appropriate security measures.
  • Using sub-processors.
  • Data subjects’ rights.
  • Assisting the controller.
  • End-of-contract provisions.
  • Audits and inspections.

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