{"id":186591,"date":"2024-03-11T16:54:04","date_gmt":"2024-03-11T16:54:04","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=186591"},"modified":"2024-05-29T07:45:15","modified_gmt":"2024-05-29T06:45:15","slug":"data-sharing-agreement","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/data-privacy-it\/data-sharing-agreement\/","title":{"rendered":"What Is a Data Sharing Agreement?"},"content":{"rendered":"\n

The sharing of personal data between businesses is a common business practice. However, strict rules apply when doing so. If your business shares personal data as a data controller, there are various issues you need to consider to comply with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 rules. A fundamental way to demonstrate compliance is to enter into a data sharing agreement<\/a>. This article will explore what a data sharing agreement is and highlight examples of when data controllers enter into one.\u00a0<\/p>\n\n\n\n

Am I a Data Controller?<\/h2>\n\n\n\n

Whether you share personal data or not, you must first assess whether you act as a data controller or a data processor.<\/p>\n\n\n\n

A data controller<\/a> is a person, public authority, agency or other body that, alone or jointly with others, determines the purposes and means of processing personal data.<\/p>\n\n\n\n

Essentially, a data controller decides what to do with personal data. For instance, a business acting as a data controller will determine precisely how and why it uses the personal data it collects from its customers, staff and suppliers. <\/p>\n\n\n\n

This is in complete contrast to the role of a data processor<\/a>. A data processor is a separate person or organisation that processes personal data by following the strict instructions of a separate data controller. <\/p>\n\n\n\n

For instance, a third-party IT supplier may use a customer’s staff data to deliver IT support services. The IT company will not have any choice in how the data is processed; it must simply follow its customer’s instructions. <\/p>\n\n\n\n

How Can Controllers Share Personal Data?<\/h2>\n\n\n\n

There are a couple of crucial ways in which controller organisations can share personal data, as shown below.<\/p>\n\n\n\n

Joint Controller Data Sharing<\/h3>\n\n\n\n

Individual data controllers can share personal data for joint purposes. In such cases, the parties will be joint data controllers<\/a> \u2013 as they jointly determine the means and purposes for processing personal data. An example is where two companies enter into a joint venture arrangement. They share personal data about their customers to process for collaborative marketing purposes. <\/p>\n\n\n\n

Independent Controller Data Sharing<\/h3>\n\n\n\n

In this scenario, separate data controllers will share personal data to use for different reasons. Each will independently decide how to use the shared personal data for their own purposes. <\/p>\n\n\n

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GDPR Essentials Factsheet<\/div>\n
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This factsheet sets out how your business can become GDPR compliant.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n

For example, travel companies need to send personal data to hotels so that the hotels can make their own bookings for the customers. In this case, the parties use personal data independently, not jointly. <\/p>\n\n\n\n

When sharing personal data with another controller, it is essential to carefully assess the facts and consider in which capacity data is shared. <\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

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