Data protection, a guarantee of outsourcing

Currently, many companies choose to outsource some of their services. They look to third-party experts to recruit qualified professionals to perform these tasks. Outsourcing brings many benefits to businesses, including increased efficiency, quality or profitability by focusing on their core business.

The process for selecting an external service provider should include third party due diligence, a risk assessment and a review of the proposed terms and conditions to ensure that the business is not exposed to undue risk. A process that may require the advice of certain members of the company with experience in contract law, IT, information security, data protection and human resources.

Outsourcing or outsourcing processes often involve the transfer of sensitive corporate files and data containing relevant personal information that must comply with applicable national and EU regulations and regulations. Access to data, on behalf of a third party, involves the provision of a service by a third party company to the person responsible for the file who accesses the data in the file for the execution of the contracted service. By outsourcing certain data processing activities to another organization, you are the controller and the third party is the controller. Any organization that processes the personal data of EU residents is subject to the EU General Data Protection Regulation (EU Regulation 2016/679 of April 27, 2016) must comply with its requirements.

In outsourcing, the legal aspects of the agreement signed by the applicant company and the provider of these services are transcendent. One of the key players, pointed out by Hasten Group, is regulatory compliance, most of the services likely to be outsourced technology are concerned by regulations such as: the protection of personal data, sectoral regulations or others of nature. information security or business continuity.

The “exit” of personal data must take place with the due guarantees. Whenever the professional relationship involves access to personal data that the company establishes with external third parties, it is essential to guarantee and reflect in the corresponding service provision contract all the conditions indicated in the regulations: processing the data in accordance with the instructions of the data controller; not to use them for purposes other than those stipulated in the aforementioned contract, nor to communicate them even for their conservation to other persons; Once the contractual provision has been fulfilled, the data and any medium or document that contains them must be returned to the controller or be destroyed and you cannot subcontract with a third party, unless you have obtained the authorization of the responsible person to do so. If it does not exist in the contract, the contracting company must establish a specific clause, in writing, on data protection which refers to the destination, use and possibilities of processing personal data of your company or company. .

The Hasten Group places particular emphasis on: assessing in advance, always and with great caution, the suitability of a service provider and whether in your country it has data protection regulations that guarantee adequate protection in relation to the European standard. Likewise, they confirm that the data protection clause is a key element of any outsourcing contract, as most clients are holders of files containing personal data generally processed by the service provider in its role of data controller. In addition, they must at all times comply with Law 3/2018, the Law on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD) and the European General Data Protection Regulation 2016/679 (GDPR ), these regulations do not prevent or limit the outsourcing related to the processing of personal data, but establishing minimums that must be observed by data controllers for the benefit of all interested parties.

Finally, from the Consultant, they underline that the GDPR has simplified the realization of international data transfers, since the European legislator has become aware of the importance that this type of Outsourcing services has for the competitiveness of European companies.

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