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Orientation Guide for the Definition of Treatment Agents and Person in Charge
After the entry into force of the General Law for the Protection of Personal Data. definitions that the General Law brings to treatment agents and their attributions. notion image For Law enforcers, companies obliged to apply it, data holders and other interested parties, there was an urgent need for the ANPD - National Data Protection Authority, to clarify these concepts in order to bring a better understanding of the subject and its correct application. According to the ANPD, in addition to providing definitions, the guide provides practical examples and explains who can exercise the function of controller, operator and supervisor and their responsibilities, and also brings concepts present in more complex chains, such as in the case.
Thus here we will bring a brief summary with concepts and definitions brought by the Orientation Guide. notion image Treatment agents. Processing agents, then, are all those responsible for the processing of personal data, subject to the rules of the LGPD, being then called the controller and the operator. Thus, we can Hong Kong Phone Number List understand that it will be controller when acting in accordance with its own interests, with decision-making power over the purposes and essential elements of treatment and operator when acting in accordance with the interests of the controller, with no obstacle that the same legal entity be controller and operator, always according to your performance in different treatment operations. Controller The Controller is the one responsible for making decisions regarding the processing of personal data, and for defining the purpose of this treatment, in most cases it will be a legal entity governed by public or private law.
In addition to the controller, a legal entity governed by private and public law, there may also be a natural personal controller, in those situations in which it is solely responsible for the main decisions regarding the processing of personal data, acting independently and in its own name without subordination to a legal entity, occurs in the cases of individual entrepreneurs, liberal professionals, such as lawyers, doctors, dentists, etc. Operator The Operator is the one that processes personal data on behalf of the controller and in accordance with the purposes defined by it. By the definition brought, it implies that the operator can only process the data for the purposes previously established by the controller , this being, therefore, the main difference between controller and operator, that is, the decision-making power, since the latter can only act within the limits of the purposes determined by the controller.
Thus here we will bring a brief summary with concepts and definitions brought by the Orientation Guide. notion image Treatment agents. Processing agents, then, are all those responsible for the processing of personal data, subject to the rules of the LGPD, being then called the controller and the operator. Thus, we can Hong Kong Phone Number List understand that it will be controller when acting in accordance with its own interests, with decision-making power over the purposes and essential elements of treatment and operator when acting in accordance with the interests of the controller, with no obstacle that the same legal entity be controller and operator, always according to your performance in different treatment operations. Controller The Controller is the one responsible for making decisions regarding the processing of personal data, and for defining the purpose of this treatment, in most cases it will be a legal entity governed by public or private law.
In addition to the controller, a legal entity governed by private and public law, there may also be a natural personal controller, in those situations in which it is solely responsible for the main decisions regarding the processing of personal data, acting independently and in its own name without subordination to a legal entity, occurs in the cases of individual entrepreneurs, liberal professionals, such as lawyers, doctors, dentists, etc. Operator The Operator is the one that processes personal data on behalf of the controller and in accordance with the purposes defined by it. By the definition brought, it implies that the operator can only process the data for the purposes previously established by the controller , this being, therefore, the main difference between controller and operator, that is, the decision-making power, since the latter can only act within the limits of the purposes determined by the controller.