{"data":{"id":"us-ky/krs-367.3619","jurisdiction":"us-ky","citation":"KRS 367.3619","heading":"Data processing responsibilities to controller -- Contract requirements","body":"between controller and processor.\n(1) A processor shall adhere to the instructions of a controller and shall assist the\ncontroller in meeting its obligations under  KRS 367.3611 to 367.3629. Such\nassistance shall include:\n(a) Taking into account the nature of processing and the information available to\nthe processor, by appropriate technical and organizational measures, insofar\nas this is reasonably practicable, to fulfill the controller's obligation to respond\nto consumer rights requests pursuant to KRS 367.3615;\n(b) Taking into account the nature of processing and the information available to\nthe processor, by assisting the controller in meeting the controller's\nobligations in relation to the security of processing the personal data and in\nrelation to the notification of a breach of the security of the system of the\nprocessor pursuant to KRS 365.732; and\n(c) Providing necessary information to enable the controller to  conduct and\ndocument data protection assessments pursuant to KRS 367.3621.\n(2) A contract between a controller and a processor shall govern the processor's data\nprocessing procedures with respect to processing performed on behalf of the\ncontroller. The co ntract shall be binding and shall clearly set forth instructions for\nprocessing personal data, the nature and purpose of processing, the type of data\nsubject to processing, the duration of processing, and the rights and obligations of\nboth parties. The contract shall also include requirements that the processor shall:\n(a) Ensure that each person processing personal data is subject to a duty of\nconfidentiality with respect to the data;\n(b) At the controller's direction, delete or return all personal data to the controller\nas requested at the end of the provision of services, unless retention of the\npersonal data is required by law;\n(c) Upon the reasonable request of the controller, make available to the controller\nall information in its possession necessary t o demonstrate the processor's\ncompliance with the obligations prescribed in KRS 367.3611 to 367.3629;\n(d) Allow, and cooperate with, reasonable assessments by the controller or the\ncontroller's designated assessor. Alternatively, the processor may arrange for a\nqualified and independent assessor to conduct an assessment of the\nprocessor's policies and technical and organizational measures in support of\nthe obligations in KRS 367.3611 to 367.3629 using an appropriate and\naccepted control standard or framewor k and assessment procedure for\nassessments. The processor shall provide a report of the assessment to the\ncontroller upon request; and\n(e) Engage any subcontractor pursuant to a written contract in accordance with\nthis section that requires the subcontract or to meet the obligations of the\nprocessor with respect to the personal data.\n(3) Nothing in this section shall be construed to relieve a controller or processor from\nthe liabilities imposed on it by virtue of its role in a processing relationship as\ndefined by KRS 367.3611 to 367.3629.\n(4) Determining whether a person is acting as a controller or processor with respect to a\nspecific processing of data is a fact -based determination that depends upon the\ncontext in which personal data is to be processed. A processor that continues to\nadhere to a controller's instructions with respect to a  specific processing of personal\ndata remains a processor.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55840","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:03Z","sha256":"5d64e492c6d94bb4bed0e389e028f0a27821a93338f70efce7eac4acecf11aa1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.3617","next":"us-ky/krs-367.3621"},"notice":"GroundRules: Original legal text. Not legal advice."}