GDPR questions and answers

GDPR: QUESTIONS AND ANSWERS

Category:
Data Processing

Should a data processing agreement be concluded with a law firm providing legal services?

ANSWER

It is not appropriate to conclude a data processing agreement with a law firm. Providing legal services in a manner compliant with the law and ethical rules, while maintaining professional secrecy, requires independent decision-making by the professional representative. These entities, because they perform a profession of public trust, are covered by professional secrecy, and also because binding instructions are not issued to them since they must act on the basis of applicable provisions of law, constitute independent data controllers.

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