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ARTICLE · 05 SEPTEMBER 2025

Joint Controller Relationships: When They Arise And Why Organisations Continue To Avoid Them - Article Published In Privacy And Data Protection Journal

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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The Privacy and Data Protection Journal has published an article by Duc Tran (Of Counsel) and Tom Cadman of our Digital TMT, Sourcing & Data team.

United KingdomPrivacy
Duc Tran
Duc Tran
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The Privacy and Data Protection Journal has published an article by Duc Tran (Of Counsel) and Tom Cadman of our Digital TMT, Sourcing & Data team. Please click here to access the full article.

The article looks at the market's continued reluctance to embrace joint controller relationships (preferring instead to frame data-related commercial arrangements as controller-processor or independent controller relationships) and what the latest UK and EU-level regulatory guidance and case law tell us about joint controller relationships, namely that they arise far more often than the market is willing to acknowledge.

Why do organisations resist labelling their arrangements as joint controller relationships? The article highlights four challenges:

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