Page 322 - GDPR and US States General Privacy Laws Deskbook

(2)  A contract between a controller and a processor shall govern the processor’s data processing procedures with respect to
processing performed on behalf of the controller. The contract shall include:
(a) Clear instructions for processing data;
(b) The nature and purpose of processing;
(c) The type of data subject to processing;
(d) The duration of processing;
(e) The rights and obligations of both parties; and
(f) A requirement that the processor shall:
(i)  Ensure that each person processing personal data is subject to a duty of confidentiality with respect to the data;
(ii)  At the controller’s direction, delete or return all personal data to the controller as requested after the provision of the
service is completed, unless retention of the personal data is required by law;
(iii)  Make available to the controller, on reasonable request, all information in the processor’s possession necessary to
demonstrate the processor’s compliance with the requirements of the Data Privacy Act;
(iv)  Allow, and cooperate with, reasonable assessments by the controller or the controller’s designated assessor; and
(v)  Engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the requirements
of the processor with respect to the personal data.
(3)  Notwithstanding the requirement described by subdivision (2)(f)(iv) of this section, a processor, in the alternative, may
arrange for a qualified and independent assessor to conduct an assessment of the processor’s policies and technical and
organizational measures in support of the requirements under the Data Privacy Act using an appropriate and accepted
control standard or framework and assessment procedure. The processor shall provide a report of the assessment to the
controller on request.
(4)  This section shall not be construed to relieve a controller or a processor from the liabilities imposed on the controller or
processor by virtue of the role of the controller or processor in the processing relationship as described in the Data Privacy
Act.
(5)  A determination of whether a person is acting as a controller or processor with respect to a specific processing of data
is a fact-based determination that depends on the context in which personal data is to be processed. A processor that
continues to adhere to a controller’s instructions with respect to a specific processing of personal data remains in the role
of a processor.
Sec. 16.
(1)  A controller shall conduct and document a data protection assessment of each of the following processing activities
involving personal data:
(a) The processing of personal data for purposes of targeted advertising;
(b) The sale of personal data;
(c)  The processing of personal data for purposes of profiling, if the profiling presents a reasonably foreseeable risk of:
(i) Unfair or deceptive treatment of or unlawful disparate impact on any consumer;
(ii) Financial, physical, or reputational injury to any consumer;
322 | Nebraska Data Privacy Act