GDPR Art. 26 EN

Joint controllers

Controllers Data Controller

In force — consolidated2016-05-04 · CELEX 02016R0679-20160504 · ELI ↗

Version history 2

2016-05-04in force CELEX 02016R0679-20160504
2016-04-27 CELEX 32016R0679

1.

Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide the information referred to in Articles 13 and 14, by means of an arrangement between them unless, and in so far as, the respective responsibilities of the controllers are determined by Union or Member State law to which the controllers are subject. The arrangement may designate a contact point for data subjects.¶

Data Controller Personal Data Controllers 40
2.

The arrangement referred to in paragraph 1 shall duly reflect the respective roles and relationships of the joint controllers vis-à-vis the data subjects. The essence of the arrangement shall be made available to the data subject.¶

Data Controller Personal Data Controllers 39
3.

Irrespective of the terms of the arrangement referred to in paragraph 1, the data subject may exercise his or her rights under this Regulation in respect of and against each of the controllers.¶

Personal Data 37

Enforcement

Cited in 9 fines totalling €11.5M

Top authority: 🇪🇺Dutch Supervisory Authority for Data Protection (AP) (2) · median fine €41,000 · see all enforcement for Art. 26 →

Connections by provision

26(1) 23 Case Law 15 Guidance 1 Literature 1 News .md

Case Law 23

Judgment of the Court (Third Chamber) of 11 January 2024.#État belge v Autorité de protection des données.#Request for a preliminary ruling from the cour d'appel de Bruxelles.#Reference for a preliminary ruling – Approximation of laws – Protection of natural persons with regard to the processing of personal data and free movement of such data (General Data Protection Regulation) – Regulation (EU) 2016/679 – Point 7 of Article 4 – Concept of ‘controller’ – Official journal of a Member State – Obl Judgment of the Court (First Chamber) of 4 September 2025.#European Data Protection Supervisor v Single Resolution Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Procedure for granting compensation to shareholders and creditors of a banking institution following the resolution of that institution – Decision of the European Data Protection Supervisor finding that the Single Resolution Board failed to fulfil its obligations relating to the processing Judgment of the Court (Grand Chamber) of 5 December 2023.#Nacionalinis visuomenės sveikatos centras prie Sveikatos apsaugos ministerijos v Valstybinė duomenų apsaugos inspekcija.#Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas.#Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 4(2) and (7) – Concepts of ‘processing’ and ‘controller’ – Development of a mobile IT application – Article 26 – Joint control – Arti OLG München - 36 U 1054/25 e CJEU - C-439/19 - Latvijas Republikas Saeima (Penalty points) Cour Administrative - 49701C Judgment of the Court (Fourth Chamber) of 7 March 2024.#IAB Europe v Gegevensbeschermingsautoriteit.#Request for a preliminary ruling from the Hof van beroep te Brussel.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Standard-setting sectoral organisation proposing to its members rules on the processing of users’ consent – Article 4(1) – Concept of ‘personal data’ – String of letters and characters ca ¶73 Judgment of the Court (Fourth Chamber) of 7 March 2024.#IAB Europe v Gegevensbeschermingsautoriteit.#Request for a preliminary ruling from the Hof van beroep te Brussel.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Standard-setting sectoral organisation proposing to its members rules on the processing of users’ consent – Article 4(1) – Concept of ‘personal data’ – String of letters and characters ca +15 more

Guidance 15

Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679 Guidelines 05/2020 on consent under Regulation 2016/679 Opinion 27/2024 on the Brand Compliance criteria of certification regarding their approval by the Board as European Data Protection Seal pursuant to Article 42.5 (GDPR) EDPB-EDPS Joint Opinion 03/2021 on the Proposal for a regulation of the European Parliament and of the Council on European data governance (Data Governance Act) EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 EDPB-EDPS Joint Opinion 02/2023 on the Proposal for a Regulation of the European Parliament and of the Council on the establishment of the digital euro Guidelines 8/2022 on identifying a controller or processor's lead supervisory authority Guidelines 07/2020 on the concepts of controller and processor in the GDPR +7 more

Literature 1

LEGAL REGULATION OF THE PROTECTION OF PERSONAL DATA OF EMPLOYEES UNDER THE GDPR

News 1

What Happened to the Risk-Based Approach to Data Transfers?

26(2) 34 Case Law 4 Guidance 1 Literature .md

Case Law 34

Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation t LG Rostock - 3 O 762/19 Order of the Vice-President of the Court of 14 July 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Charter of Fundamental Rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of quest Order of the Vice-President of the Court of 27 October 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Periodic penalty payment.#Case C-204/21 R Data Protection Commissioner v Facebook Ireland and Maximillian Schrems Order of the Vice-President of the Court of 21 April 2023.#European Commission v Republic of Poland.#Interim relief – Article 163 of the Rules of Procedure of the Court of Justice – Application to cancel or vary an order for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Non-execution – Change in circumstances – Periodic penalty payment.#Case C-204/21 R- Cour Administrative - 49701C ¶38 Order of the Vice-President of the Court of 21 April 2023.#European Commission v Republic of Poland.#Interim relief – Article 163 of the Rules of Procedure of the Court of Justice – Application to cancel or vary an order for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Non-execution – Change in circumstances – Periodic penalty payment.#Case C-204/21 R- +26 more

Guidance 4

Guidelines 07/2020 on the concepts of controller and processor in the GDPR Opinion 20/2021 on Tobacco Traceability System EDPB comments on European Commission's Guidelines on Art. 28 DSA EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679

Literature 1

If it ain’t broke, don’t fix it? Ten improvements for the upcoming tenth anniversary of the General Data Protection Regulation

26(3) 31 Case Law 5 Guidance 1 Literature .md

Case Law 31

Order of the Vice-President of the Court of 21 April 2023.#European Commission v Republic of Poland.#Interim relief – Article 163 of the Rules of Procedure of the Court of Justice – Application to cancel or vary an order for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Non-execution – Change in circumstances – Periodic penalty payment.#Case C-204/21 R- Order of the Vice-President of the Court of 27 October 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Periodic penalty payment.#Case C-204/21 R Order of the Vice-President of the Court of 14 July 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Charter of Fundamental Rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of quest Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation t Rb. Den Haag - C/09/689833 ¶211 Order of the Vice-President of the Court of 27 October 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Periodic penalty payment.#Case C-204/21 R ¶38 Order of the Vice-President of the Court of 27 October 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Periodic penalty payment.#Case C-204/21 R ¶212 Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation t +23 more

Guidance 5

Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models Joint Guidelines on the Interplay between the Digital Markets Act and the General Data Protection Regulation Opinion 18/2024 on the draft decision of the Austrian Supervisory Authority regarding DSGVO-zt GmbH certification criteria Guidelines 07/2020 on the concepts of controller and processor in the GDPR EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679

Literature 1

Generative AI and data protection

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