S.L. 586.8 Art. 22Processor. 15

(1) Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of these regulations and ensure the protection of the rights of the data subject.

(2) It shall not be lawful for the processor to engage another processor without prior specific or general written authorisation by the controller:

Provided that in the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes.

(3) The processing by a processor shall be governed by a contract, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. That contract shall stipulate, in particular, that the processor:

(a) acts only on instructions from the controller; FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE

EXECUTION OF CRIMINAL PENALTIES

(b) ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

(c) assists the controller by any appropriate means to ensure compliance with the provisions on the data subject's rights;

(d) at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of data processing services, and deletes existing copies unless the storage of such personal data is required by law;

(e) makes available to the controller all information necessary to demonstrate compliance with this regulation;

(f) complies with the conditions referred to in sub-regulations (2) and (3) for engaging another processor.

(g) assists the controller in ensuring compliance with the obligations pursuant to regulations 29 to 31 taking into account the nature of processing and the information available to the processor;

(4) The contract referred to in sub-regulation (3) shall be in writing, including in an electronic form.

(5) If a processor determines, in infringement of these regulations, the purposes and means of processing, that processor shall be considered to be a controller in respect of that processing.