Article 28 GDPR constitutes a specific provision within the General Data Protection Regulation that addresses the relationship between data controllers and data processors. Its primary purpose is to delineate legal obligations and responsibilities when a controller outsources the processing of personal data to another entity. This article holds significance for crypto platforms that handle user data, particularly in institutional trading or RFQ scenarios where client information is exchanged and processed by third parties.
Mechanism
The regulation mandates a legally binding written contract between the data controller and processor, stipulating the terms of data handling. This contract specifies requirements for data protection measures, outlines audit rights, and details the processor’s duties regarding security, sub-processing, and data subject rights. In the crypto sector, this applies to engagements with third-party custodians, KYC/AML solution providers, or cloud infrastructure vendors processing client data for digital asset services.
Methodology
The strategic approach behind Article 28 GDPR ensures accountability and legal compliance across the entire data processing supply chain, thereby mitigating data protection risks. Governing principles include data protection by design, transparent data handling practices, and risk mitigation through robust contractual obligations. This article forms a crucial legal and operational framework for data governance, which is vital for maintaining regulatory standing and building trust within crypto financial systems.
A single audit framework can effectively combine RFP and GDPR objectives by treating data protection as a core component of vendor value and operational capability.
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