Records of processing activities
General Data Protection Regulation · UE 2016/679
Records of processing activities
1. Each controller and, where applicable, the controller's representative, shall maintain a record of processing activities under its responsibility. That record shall contain all of the following information:
| (a) | the name and contact details of the controller and, where applicable, the joint controller, the controller's representative and the data protection officer; |
| (b) | the purposes of the processing; |
| (c) | a description of the categories of data subjects and of the categories of personal data; |
| (d) | the categories of recipients to whom the personal data have been or will be disclosed including recipients in third countries or international organisations; |
| (e) | where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1), the documentation of suitable safeguards; |
| (f) | where possible, the envisaged time limits for erasure of the different categories of data; |
| (g) | where possible, a general description of the technical and organisational security measures referred to in Article 32(1). |
2. Each processor and, where applicable, the processor's representative shall maintain a record of all categories of processing activities carried out on behalf of a controller, containing:
| (a) | the name and contact details of the processor or processors and of each controller on behalf of which the processor is acting, and, where applicable, of the controller's or the processor's representative, and the data protection officer; |
| (b) | the categories of processing carried out on behalf of each controller; |
| (c) | where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1), the documentation of suitable safeguards; |
| (d) | where possible, a general description of the technical and organisational security measures referred to in Article 32(1). |
3. The records referred to in paragraphs 1 and 2 shall be in writing, including in electronic form.
4. The controller or the processor and, where applicable, the controller's or the processor's representative, shall make the record available to the supervisory authority on request.
5. The obligations referred to in paragraphs 1 and 2 shall not apply to an enterprise or an organisation employing fewer than 250 persons unless the processing it carries out is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of data as referred to in Article 9(1) or personal data relating to criminal convictions and offences referred to in Article 10.
In Luxembourg, the competent authority is the CNPD, which systematically requests the record when opening an inspection under Article 30(4). The law of 1 August 2018 on the organisation of the CNPD confirms its investigation and sanction powers, without departing from the GDPR 250-employee threshold: that threshold remains a false shelter as soon as processing covers employee or customer data, hence non-occasional.
Luxgap practice: keep a timestamped, sealed PDF record exportable within 24h, as the CNPD values demonstrable accountability over an Excel file rebuilt at the last minute.
