Contract Nerds

GDPR Joint Controller Agreements

Eight years after GDPR’s rollout, joint controller agreements remain a complex, under‑defined area for privacy teams. Article 26 creates joint controllership when multiple parties jointly decide the purposes and means of processing, making the arrangement inseparable. Unlike standard DPAs, these agreements must allocate shared responsibilities without a prescribed template, demanding a tailored contract approach. The article outlines essential provisions—from transparency duties to security and breach response—to ensure compliance and mitigate joint liability.