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Countdown 4 weeks until GDPR : Will data controllers be required to maintain records of processing activities in all cases?

Stibbe - Will data controllers be required to maintain records

Countdown 4 weeks until GDPR : Will data controllers be required to maintain records of processing activities in all cases?

26.04.2018 EU law

Only 4 more weeks to go before the GDPR becomes fully effective. Preparing your company for the application of this new regulation requires a correct understanding of its principles. Each week, we highlight one particular misconception regarding the interpretation of the GDPR.

Will data controllers be required to maintain ​r​ecords of ​processing activities in all cases?

The GDPR requires each controller to keep a record of processing activities under its responsibility, and each processor to keep a record of the processing activities that it has carried out on behalf of a controller​​. However, these obligations do not apply if the controller or the processor is an enterprise or an organization employing fewer than 250 persons, unless the processing it carries out:

- is likely to result in a risk to the rights and freedoms of data subjects and is not occasional, or

- includes sensitive​ data, i.e., personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation (Article 9​ of the GDPR), ​or data relating to criminal convictions and offences (Article 10​ of the GDPR).

​The rationale for these exceptions is that ​small and medium-sized enterprises and organizations that do not carry out risky processing should be exempt from the requirement to keep a record of its processing activities.

 

Stibbe, together with Chiomenti, Cuatrecasas, GIDE and Gleiss Lutz, have gathered this useful information, reflecting some common misconceptions about the implementation of the GDPR.

Team

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