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Post by juthi52943 on Jan 6, 2024 0:59:57 GMT -5
This means that unwritten contracts no matter how precise and effective they are cannot be considered sufficient to meet the requirement set out in Art. GDPR. To avoid any difficulties in demonstrating that a contract or other legal instrument is in fact binding, the EDPB recommends ensuring that the legal instrument contains the necessary signatures. The EDPB emphasizes that both the data controller and the Job Function Email List processor are responsible for ensuring that the entrustment agreement or other legal instrument has actually been concluded. In order to fulfill the obligation to conclude a contract, the controller and the processor may negotiate their own contract covering all mandatory elements or rely, in whole or in part, on the content of standard contractual clauses hereinafter SCC in relation to obligations under under art. At the same time, the EDPB emphasizes that concluding an entrustment agreement based on SCC is neither an obligation, nor is such an agreement in any way preferred to negotiating an individual agreement.or the purposes of compliance with data protection law as long as they meet the requirements of Art. section GDPR. The fact that the contract and its detailed commercial terms are prepared by the service provider rather than by the controller is not in itself problematic and does not constitute a sufficient that the service provider should be considered as a data controller.
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