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 records 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.