True or false: A contract protects a processor from being held to the same legal obligations as the controller.

True or false: A contract protects a processor from being held to the same legal obligations as the controller.

• A. True
• B. False
• C. Only if stipulated in the contract
• D. Depends on the situation

Answer: (B)

The assertion is that a contract does not protect a processor from being held to the same legal obligations as the controller is indeed accurate. Under the General Data Protection Regulation (GDPR), both data controllers and data processors have specific responsibilities, and these are established regardless of the terms of the contract between them. While a contract is essential for outlining the nature of the relationship between the controller and processor, including the scope of processing activities, it cannot negate the legal obligations imposed by GDPR. For instance, processors are required to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, and they must also comply with regulations concerning data breach notifications, among other obligations. Additionally, even if a contract specifies certain terms, it cannot absolve a processor from the fundamental responsibilities that the GDPR places upon them. Therefore, the legal framework operates independently of the contractual stipulations, making the statement true that a contract does not provide protection for a processor against the obligations they hold under the GDPR that are similar to those of controllers.

The assertion is that a contract does not protect a processor from being held to the same legal obligations as the controller is indeed accurate. Under the General Data Protection Regulation (GDPR), both data controllers and data processors have specific responsibilities, and these are established regardless of the terms of the contract between them.

While a contract is essential for outlining the nature of the relationship between the controller and processor, including the scope of processing activities, it cannot negate the legal obligations imposed by GDPR. For instance, processors are required to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, and they must also comply with regulations concerning data breach notifications, among other obligations.

Additionally, even if a contract specifies certain terms, it cannot absolve a processor from the fundamental responsibilities that the GDPR places upon them. Therefore, the legal framework operates independently of the contractual stipulations, making the statement true that a contract does not provide protection for a processor against the obligations they hold under the GDPR that are similar to those of controllers.