In order to differentiate situations where parties involved in the processing of personal data act as joint or independent controllers, in this text, JPM Partner Ivan Milosevic provides an extensive analysis of the opinion of the Serbian SA and ECJ judgment, which set criteria for joint and independent controllership.
In the case of joint controllership, the purposes and means of processing for controllers can be different and the controller should not have control over all segments of processing operations. It is sufficient that the decisions of controllers on purposes and means of processing are inextricably linked at least for one part of processing operations and that processing of personal data would not be possible without the said decisions of the controllers.
The comprehensive analysis describes in detail both the opinion of Serbian SA and the opinion of ECJ as well as our practice in regard to Voluntary Collective Health Insurance, Employment Agencies, Staff Leasing, Meals to Employees.
The full article is available here.