The Processing Of Personal Data In Procurement Contracts: Roles And Responsibilities

It goes without saying that in the course of a public or private contract, the parties involved may have to manage and process a large amount of personal data of the interested third parties.

The issue of data processing is therefore central and can involve responsibilities that are also economic, which are especially significant in light of the changes introduced by the European Regulation 679/2016.

In a procurement contract, the role of the parties that relate to data processing are not automatically defined by the type of contract signed. Indeed, the Italian Data Protection Authority already clarified that it may not be so obvious to define the parties as Controller (the client) or Processor (the contractor) of the processing.