Germany Federal Data Protection Act (BDSG)
Part 3: processing by competent authorities for law enforcement (Directive (EU) 2016/680) – Germany Federal Data Protection Act (BDSG)

Germany Federal Data Protection Act (BDSG) s62: s 62 Use processors only with sufficient guarantees and a binding written or electronic contract

Where others process on its behalf, the controller remains responsible and data subjects exercise their rights against it. Only processors giving sufficient guarantees of appropriate technical and organisational measures may be used. Sub-processors need prior written authorisation (with notice of changes and a right to object under a general authorisation), must be bound to the same obligations, and the first processor stays liable. Processing is governed by a binding contract or other legal instrument setting out subject matter, duration, nature, purpose, data types, data subject categories and the controller's rights and duties, and requiring the processor to act only on instructions (warning of unlawful ones), ensure confidentiality, assist with data subject rights, delete or return data at the end, provide information and the s 76 logs, allow audits, respect the sub-processor rules, take s 64 security measures and assist with ss 64 to 67 and 69. The contract or instrument is in writing or electronic form. A processor determining purposes and means itself becomes a controller.

Maintained by Gerard Blokdyk

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Other controls in Part 3: processing by competent authorities for law enforcement (Directive (EU) 2016/680) – Germany Federal Data Protection Act (BDSG)

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