Der LfDI Baden-Württemberg bringt Licht ins Dunkle und präsentiert das viel rezipierte Vertragsmuster zur gemeinsamen Verantwortlichkeit nun auch in englischer Sprache und bietet so auch Hilfe bei der Abfassung internationaler Vereinbarungen zur gemeinsamen Verantwortlichkeit.
A Guiding Light: Meet the Model Joint Controller Agreement
In the wake of the European Court of Justice’s (“ECJ”) joint controllership decision last year, many were left in a state of confusion. What is this new legal concept of “joint controllership” and how does one structure the required contractual agreement between responsible parties? As a refresher, the ECJ held that under the concept of joint controllership, all parties involved in determining the purposes and means for data processing are jointly responsible for complying with the GDPR. How such responsibility is allocated must be agreed to in what is known as a Joint Controller Agreement.
But what constitutes a sufficient Joint Controller Contract under Article 26 of the GDPR? The Commissioner of Data Protection and Freedom of Information Baden-Wuerttemberg provides a guiding light for navigating this world of joint controller agreements—the first model joint controller contract. Developed through collaborations with companies and public authorities, the first model joint controller contract, written in German, provided a beacon of light for many parties navigating the waters of GDPR joint controllership compliance. And now, that very contract is available in English! Dr. Stefan Brink hopes it sheds some light on how to structure joint controller agreements moving forward and brings us all closer to GDPR compliance.