CIPP/US Study Guide
Chapter 14: The GDPR and International Privacy Issues

Controller, Processor, and Data Subject

The controller determines the purposes and means of processing; the processor processes on the controller's behalf under contract. The data subject is the person whose data is processed, and the controller generally bears more legal responsibility.

A Controller determines the purposes and means of processing - the company directing processing to further its objectives. A Processor processes on behalf of the controller, governed by the controller's instructions in a contract. Requirements flow downstream to a Subprocessor. Generally the controller bears more legal responsibility than the processor.

A Data subject is the natural person whose data is processed. GDPR rights apply when EU-based establishments process data of subjects outside the EU, and when non-EU establishments monitor behavior of, or target goods or services to, data subjects in the EU.

Controller vs. processor obligations
Controller obligationsProcessor obligations
Implement data protection by default and by designComply with the controller's instructions
Provide instructions to processorsMaintain confidentiality
Identify a legal basis; maintain processing recordsKeep a record of processing activities
Report data breaches; cooperate with DPAsReport breaches to controller; cooperate with DPAs
Appoint a DPO; conduct DPIAsEnsure data security

Key terms - quick answers

What is “Controller”?
An entity that determines the purposes and means of processing personal data.
What is “Processor”?
An entity that processes personal data on behalf of the controller, governed by the controller's instructions in a contract.
What is “Data subject”?
The natural person whose personal data is being collected, stored, or processed.
What is “Subprocessor”?
A party engaged by a processor (like a subcontractor) to whom GDPR requirements flow downstream.