Two basic conditions for qualifying as a processor exist: that it is a separate entity in relation to the controller and that it processes personal data on the controller’s behalf.the why and how of the processing whereas a “processor” processes personal data on behalf of the controller. In a nutshell, a “controller” determines the purposes and means of the processing, i.e. In September 2020, the European Data Protection Board (EDPB) which is the body responsible for data protection at an EU level, published draft guidelines on the concepts of controller, joint controllers and processor. The terms “controller” and “processor” are defined in the General Data Protection Regulation (GDPR). The concepts of “controller”, “joint controller” and “processor” are crucial to determining a party’s legal obligations in relation to the personal data it holds and uses, and to assessing potential liability where an individual’s rights are infringed. In data protection law, any party that holds or uses personal data is either a “controller”, a “joint controller” or a “processor”, of that personal data. This includes companies that become insolvent, but what obligations does a liquidator have in relation to the personal data held by a company? Most companies now hold large volumes of personal data – it is almost inevitable due to the interplay between technology and business.
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