Published by Alisha McKerron 19 November 2018
I found the two articles mentioned below interesting reads, because they each ask a similar question in relation to a specific situation. My article, When is a Data Processing Contract Required? is more general. Also interesting, is the practical implications of being a data processor which I omitted to discuss in my article, GDPR is Coming: 7 Steps Processors Need to Take to be Compliant. I chose to highlight the regulatory position.
The first article, Is a Contractor a Processor Under GDPR?, written by John Thompson asks the question Is a Contractor a Processor under GDPR? Unable to find any official guidance and having considered both sides of the argument, John concludes that contractors are data processors.
The second article,What May Compliance With The GDPR Require of Entities Who Use Temporary Workers From Recruitment Agency to Process Personal Data? written by Emmanuel Lazarididis, supports the first article. The second article looks more closely at the relationship between clients, recruitment agencies, umbrella companies and their workers and concludes that an umbrella company is a data processor and as such should sign a data processing agreement.
