Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 116:

In page 59, to delete lines 16 to 25 and substitute the following:“(4) Where a controller gives an authorisation, whether specific or general in nature, to a processor, including a secondary processor (in this section referred to as “the procuring processor”) to procure the services of a secondary processor, the procuring processor shall inform—

(a) the controller, and

(b) where relevant, any processor who procured the services of the procuring processor in relation to the processing concerned, in advance of any such procurement or of a change in the terms of such procurement.

(5) Where a procuring processor procures the services of a secondary processor to carry out processing on behalf of a controller, subsections (1) and (2) shall apply to the procuring processor and the secondary processor, subject to the following modifications and any other necessary modifications:

(a) a reference to a “controller”, other than in subparagraphs (ii), (iv), (v) and (vi) of subsection (2)(d), shall be construed as a reference to the procuring processor,

(b) a reference to a “controller” in subsection (2)(d)(iv) shall be construed as a reference to the controller and the procuring processor,

(c) a reference to a “controller” in subsection (2)(d)(v) shall be construed as a reference to the controller or the procuring processor, as appropriate, and

(d) a reference to a “processor” shall be construed as a reference to a secondary processor.”.