With regard to point (h) of the first subparagraph, the processor shall immediately inform the controller where it considers that an instruction is contrary to this Regulation or to other Union or Member State data protection provisions. After defining the formal roles of the parties and whether and how Section 28 applies, you need to think about some of the specific characteristics of release. This will help you decide if a contract is necessary and what issues to address in a contract. So, in these other cases, when is a contract needed? Generally speaking, the more risks an agreement entails, the more reasons there are to have a contract. From a data protection point of view, the particular risks that are relevant are those that concern the data subjects and not the organisations carrying out the exchange. Factors that may be relevant to the risk include: personal data indicating racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, and the processing of genetic data, biometric data that clearly identify a natural person, health data or data relating to the sex life or sexual orientation of a natural person are prohibited. ites. (a) process personal data only on the documented instruction of the controller, including with regard to the transfer of personal data to a third country or an international organisation, unless this is necessary under Union or Member State law to which the processor is subject; in that case, the processor shall inform the controller of that legal requirement prior to processing, unless that law prohibits such information for important reasons of public interest; The legal impact of data exchange and the most appropriate type of agreement depend on issues such as geographical location, the nature of the institution concerned, the nature of the data, the degree of threat to public health and other contextual factors. It is important that the parties understand the legal implications and the legal instruments available to facilitate the process. Where there are guidelines, the balance between data accessibility, privacy and intellectual property protection is not standardized, which can lead to protection guidelines. Data sharing agreements can help resolve legal differences or ambiguities and are most effective when the context is clearly defined and relevant laws and regulations are taken into account.
In some cases, an agreement that is not legally binding may be more appropriate than the use of legal means….