A data processor that handles personal data for multiple customers has decided to migrate its data warehouse to a third-party provider. The processor is obligated to seek approval from all in-scope data controllers prior to implementation. A data controller is an entity that determines the purposes and means of processing personal data. A data processor is an entity that processes personal data on behalf of a data controller. A third-party provider is an entity that provides services or resources to another entity, such as a cloud service provider or a hosting provider.
According to various privacy laws and regulations, such as the GDPR or the CCPA, a data processor must obtain explicit consent from the data controller before engaging another processor or transferring personal data to a third country or an international organization. The consent must specify the identity of the other processor or the third country or international organization, as well as the safeguards and guarantees for the protection of personal data. The consent must also be documented in a written contract or other legal act that binds the processor to respect the same obligations as the controller.
Seeking approval from all in-scope data controllers can help ensure that the processor complies with its contractual and legal obligations, respects the rights and preferences of the data subjects, and maintains transparency and accountability for its processing activities.
Obtaining assurance that data subject requests will continue to be handled appropriately, implementing comparable industry-standard data encryption in the new data warehouse, or ensuring data retention periods are documented are also good practices for a data processor that migrates its data warehouse to a third-party provider, but they are not obligations prior to implementation. Rather, they are requirements or recommendations during or after implementation.
Obtaining assurance that data subject requests will continue to be handled appropriately is a requirement for a data processor that processes personal data on behalf of a data controller. Data subject requests are requests made by individuals to exercise their rights regarding their personal data, such as access, rectification, erasure, restriction, portability, or objection. A data processor must assist the data controller in fulfilling these requests within a reasonable time frame and without undue delay.
Implementing comparable industry-standard data encryption in the new data warehouse is a recommendation for a data processor that transfers personal data to another system or location. Data encryption is a process of transforming data into an unreadable form using a secret key or algorithm. Data encryption can help protect the confidentiality, integrity, and availability of personal data by preventing unauthorized access, disclosure, or modification.
Ensuring data retention periods are documented is a requirement for a data processor that stores personal data on behalf of a data controller. Data retention periods are the durations for which personal data are kept before they are deleted or anonymized. Data retention periods must be determined by the purpose and necessity of processing personal data and must comply with legal and regulatory obligations.
References: Data warehouse migration tips: preparation and discovery - Google Cloud, Plan a data warehouse migration - Cloud Adoption Framework, Migrating your traditional data warehouse platform to BigQuery …
