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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 16 September 2019 - onwards
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105. Processors

(1) This section applies to the use by a controller of a processor to carry out processing of personal data on behalf of the controller.

(2) The controller may use only a processor who undertakes -

(a) to implement appropriate measures that are sufficient to secure that the processing complies with this Part;

(b) to provide to the controller such information as is necessary for demonstrating that the processing complies with this Part.

(3) If a processor determines, in breach of this Part, the purposes and means of processing, the processor is to be treated for the purposes of this Part as a controller in respect of that processing.

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