Book contents
- Frontmatter
- Contents
- List of Acronyms and Abbreviations
- List of Figures
- List of Tables
- Introduction
- PART I CONCEPTUALIZING DATA COMMODIFICATION
- PART II EU DATA LEGISLATION AND DATA COMMODIFICATION
- PART III DATA PROTECTION AND DATA COMMODIFICATION
- PART IV THE MANIFESTATIONS OF THE GAP
- PART V CONCLUSIONS
- Bibliography
- Annex: Legend of Figures
- Miscellaneous Endmatter
Chapter 7 - The Data Control without Controllership Conundrum
Published online by Cambridge University Press: 24 September 2025
Book contents
- Frontmatter
- Contents
- List of Acronyms and Abbreviations
- List of Figures
- List of Tables
- Introduction
- PART I CONCEPTUALIZING DATA COMMODIFICATION
- PART II EU DATA LEGISLATION AND DATA COMMODIFICATION
- PART III DATA PROTECTION AND DATA COMMODIFICATION
- PART IV THE MANIFESTATIONS OF THE GAP
- PART V CONCLUSIONS
- Bibliography
- Annex: Legend of Figures
- Miscellaneous Endmatter
Summary
DATA SUBJECTS AS DATA CONTROLLERS CONCERNING THE PROCESSING OF DATA RELATING TO THEMSELVES?
In order to allocate the responsibility to comply with legal requirements, the GDPR relies mainly on the notion of ‘(data) controller‘, defined as
’the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data ; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law‘ (emphasis added).
The data controller is the main person responsible for compliance with the GDPR. 1165 Where several controllers ‘jointly determine the purposes and means of processing‘, they are joint controllers and shall arrange their respective responsibilities for compliance between themselves, in a transparent manner and in a way that ‘duly reflects the respective roles and relationships [that they have] vis-à-vis the data subjects‘. Such an arrangement cannot be enforced against data subjects.
The GDPR regulates other roles, and in particular this of the ‘processor‘, defined as the person who processes personal data on behalf of the controller. 1167 Should the processor process data beyond the instructions given by the data controller, they would then qualify as a controller.
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- Data Commodification and the LawNavigating Data Markets and Data Protection, pp. 297 - 336Publisher: IntersentiaPrint publication year: 2025
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