OpenLegislation

Section 105 ProcessorsI1

(1)

This section applies to the use by a controller of a processor to carry out processing of personal data on behalf of the controller.

(2)

The controller may use only a processor who undertakes—

(a)

to implement appropriate measures that are sufficient to secure that the processing complies with this Part;

(b)

to provide to the controller such information as is necessary for demonstrating that the processing complies with this Part.

(3)

If a processor determines, in breach of this Part, the purposes and means of processing, the processor is to be treated for the purposes of this Part as a controller in respect of that processing.

Annotations

Commencement

I1

S. 105 in force at 16.9.2019 by S.I. 2019/1188, reg. 2(e)