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Privacy. The role of controller or processor of the processing of personal data should be assessed on the basis of cocrete decisional autonomy

  • 11/10/2021

The Court of Cassation with the decree n. 21234 on 23th July, 2021, confirmed that the third party, to whom the controller entrusted the activity of data processing by indicating in writing the tasks and the methods of processing, shall be considered as the processor when it complies with the instructions given to him. Otherwise, when the person in charge manifests a concrete decisional and managerial autonomy, he must be recognized as the effective controller of the processing of personal data.

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