The Obligations of the Personal Data Processor in the European Union and the Feasibility of Its Acceptance in Iranian Law

All EU member states are required to have maximum protection over personal data by ratifying the EU General Data Protection Regulation (GDPR). Data processors in order to fully realize these protections are required to comply with various obligations according to these regulations. These obligations...

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Main Authors: Mahdiyeh Latifzadeh, Sayyid Muhammad Mahdi Qabuli Dorafshan, Saeed Mohseni, Mohammed Abedi
Format: Article
Language:Persian
Published: Razavi University of Islamic Sciences 2023-05-01
Series:آموزه‌‌های فقه مدني
Subjects:
Online Access:https://cjd.razavi.ac.ir/article_1637_612ef8b38bb62ae54404eed35ea57ff1.pdf
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author Mahdiyeh Latifzadeh
Sayyid Muhammad Mahdi Qabuli Dorafshan
Saeed Mohseni
Mohammed Abedi
author_facet Mahdiyeh Latifzadeh
Sayyid Muhammad Mahdi Qabuli Dorafshan
Saeed Mohseni
Mohammed Abedi
author_sort Mahdiyeh Latifzadeh
collection DOAJ
description All EU member states are required to have maximum protection over personal data by ratifying the EU General Data Protection Regulation (GDPR). Data processors in order to fully realize these protections are required to comply with various obligations according to these regulations. These obligations are expressed in various GDPR articles for the purpose of effective protection of personal data and data subject persons. It became clear by explaining these obligations from the point of view of European regulations relating to personal data that the Iranian Legal System did not stipulate such obligations and that only the generalities of these obligations can be inferred from various sources of Iranian law, such as the statute laws, the fundamentals of Iranian law, and Jaʿfarī Jurisprudence. It should be noted that these implied significations are insufficient to accurately explain the various obligations of data processors and the transparency of the details of this matter needs to be clarified by the legislator. This research in this regard has provided the proposed provisions regarding various obligations of data processors, including the controller’s liability towards the processing process, the controller’s commitment towards choosing the appropriate processor, keeping records of processing activities, cooperating with supervisory authorities, ensuring the security of processing, informing and servicing the breach of personal data to supervisory authorities and the data subject (relevant persons of data), and appointing data protection officers (DPOs).
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spelling doaj-art-c6815a7dd45a47e4aa7aed585d9eabfe2025-07-31T10:16:10ZfasRazavi University of Islamic Sciencesآموزه‌‌های فقه مدني2251-936X2783-36902023-05-01152724528610.30513/cjd.2022.3094.15411637The Obligations of the Personal Data Processor in the European Union and the Feasibility of Its Acceptance in Iranian LawMahdiyeh Latifzadeh0Sayyid Muhammad Mahdi Qabuli Dorafshan1Saeed Mohseni2Mohammed Abedi3PhD student in Private LawAssociate professor at Ferdowsi University of Mashhad)Associate professor at Ferdowsi University of MashhadAssistant professor at Ferdowsi University of MashhadAll EU member states are required to have maximum protection over personal data by ratifying the EU General Data Protection Regulation (GDPR). Data processors in order to fully realize these protections are required to comply with various obligations according to these regulations. These obligations are expressed in various GDPR articles for the purpose of effective protection of personal data and data subject persons. It became clear by explaining these obligations from the point of view of European regulations relating to personal data that the Iranian Legal System did not stipulate such obligations and that only the generalities of these obligations can be inferred from various sources of Iranian law, such as the statute laws, the fundamentals of Iranian law, and Jaʿfarī Jurisprudence. It should be noted that these implied significations are insufficient to accurately explain the various obligations of data processors and the transparency of the details of this matter needs to be clarified by the legislator. This research in this regard has provided the proposed provisions regarding various obligations of data processors, including the controller’s liability towards the processing process, the controller’s commitment towards choosing the appropriate processor, keeping records of processing activities, cooperating with supervisory authorities, ensuring the security of processing, informing and servicing the breach of personal data to supervisory authorities and the data subject (relevant persons of data), and appointing data protection officers (DPOs).https://cjd.razavi.ac.ir/article_1637_612ef8b38bb62ae54404eed35ea57ff1.pdfpersonal dataprocessordata subject personcontrollergeneral data protection regulation (gdpr)
spellingShingle Mahdiyeh Latifzadeh
Sayyid Muhammad Mahdi Qabuli Dorafshan
Saeed Mohseni
Mohammed Abedi
The Obligations of the Personal Data Processor in the European Union and the Feasibility of Its Acceptance in Iranian Law
آموزه‌‌های فقه مدني
personal data
processor
data subject person
controller
general data protection regulation (gdpr)
title The Obligations of the Personal Data Processor in the European Union and the Feasibility of Its Acceptance in Iranian Law
title_full The Obligations of the Personal Data Processor in the European Union and the Feasibility of Its Acceptance in Iranian Law
title_fullStr The Obligations of the Personal Data Processor in the European Union and the Feasibility of Its Acceptance in Iranian Law
title_full_unstemmed The Obligations of the Personal Data Processor in the European Union and the Feasibility of Its Acceptance in Iranian Law
title_short The Obligations of the Personal Data Processor in the European Union and the Feasibility of Its Acceptance in Iranian Law
title_sort obligations of the personal data processor in the european union and the feasibility of its acceptance in iranian law
topic personal data
processor
data subject person
controller
general data protection regulation (gdpr)
url https://cjd.razavi.ac.ir/article_1637_612ef8b38bb62ae54404eed35ea57ff1.pdf
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