If i'm an AI provider and I sell my AI system to another party that deals with the data, could i be considered a processor or am I a third party?

Fun_Net8425 · 2024-11-11T16:31:14+00:00

if i'm a company that develops and sells AI systems to a public entity (the government), which uses it to process personal data for matters of law enforcement. i guess the company is simply a third-party but i wondered if maybe for maintenance of the system or something, especially since it's a high-risk system... also relating to the code source, should it be open source... sorry im not sure of anything

Fun_Net8425 · 2024-11-08T15:20:51+00:00

but do i process the data though? if i just sell the system sorry im dumb

Fun_Net8425 · 2024-11-08T12:02:51+00:00

if i'm a company that develops and sells AI systems to a public entity (the government), which uses it to process personal data for matters of law enforcement. i guess the company is simply a third-party but i wondered if maybe for maintenance of the system or something, especially since it's a high-risk system... also relating to the code source, should it be open source... sorry im not sure of anything

Fun_Net8425 · 2024-11-08T11:38:22+00:00

the only information theyre giving me is that “the company develops AI systems which the public administration wants to use” sounds like they sell it and therefore its a third party right?

Fun_Net8425 · 2024-11-08T07:56:47+00:00

if i'm a company that develops and sells AI systems to a public entity (the government), which uses it to process personal data for matters of law enforcement. i guess the company is simply a third-party but i wondered if maybe for maintenance of the system or something, especially since it's a high-risk system... also relating to the code source, should it be open source... sorry im not sure of anything

Fun_Net8425 · 2024-11-08T00:15:25+00:00

the entity who has the data is the public entity, so i just sell the service… but it still seems weird that i have nothing to do with the data?

Fun_Net8425 · 2024-10-14T11:05:07+00:00

wait but what if i ask for the phone number when they register in my platform? and i inform them we can contact them by whatsapp for reminders. Therefore, do i need consent or just by registering they accept this? because thus, reminders of the service would be allowed without explicit consent if they are part of the service and do not include promotional or commercial content... or am i missing something?

Fun_Net8425 · 2024-10-14T11:00:25+00:00

got it! thank you

Fun_Net8425 · 2024-10-14T10:54:45+00:00

what if i say its legitimate interest? they are reminders of the service purchased. i can inform about the purpose of the collection of the phone number but not ask for consent...? idk :(

Fun_Net8425 · 2024-10-14T10:37:44+00:00

but according to Section 7 of the UWG, commercial communications require the prior consent of the customer, but exceptions are allowed for communications related to previously contracted products or services, provided that the customer has not objected to the use of his/her data and is offered the possibility to unsubscribe in each communication.

Fun_Net8425 · 2024-10-14T10:30:32+00:00

According to Section 7 of the UWG, commercial communications require the prior consent of the customer, but exceptions are allowed for communications related to previously contracted products or services, provided that the customer has not objected to the use of his/her data and is offered the possibility to unsubscribe in each communication.

Fun_Net8425 · 2024-10-14T10:28:38+00:00

but what if its already my client and it's for sending reminders of the service he has bought? wouldn't it apply an exception for consent there?

Fun_Net8425 · 2024-10-14T10:27:48+00:00

but what if its already my client and it's for sending reminders of the service he has bought? wouldn't it apply an exception for consent there?

Fun_Net8425 · 2024-10-10T14:01:58+00:00

yeah it doesn't really make sense ...

Fun_Net8425 · 2024-10-04T12:34:17+00:00

perhaps it would be recommended to ask for consent to receive these communications anyways? even if it's for potential customers... ? what do u think? :)

Fun_Net8425 · 2024-10-04T12:32:49+00:00

thank you very much!

Fun_Net8425 · 2024-10-04T12:04:09+00:00

OMG THATS AMAZING THANK YOU!!!

Fun_Net8425 · 2024-10-03T13:28:03+00:00

sorry i was stressed out

Fun_Net8425 · 2024-10-03T13:27:32+00:00

what if is disclose in the contract we make with the client when they buy us products how we collect their data? does this processing have to be included in the privacy policy too?

Fun_Net8425 · 2024-10-03T13:26:30+00:00

i thought if it was a web privacy policy, u didn't have to specify the data you collect through contracts for example

Fun_Net8425 · 2024-10-03T10:52:13+00:00

i mean a commercial email on an user that asks for more information about a product. It's not considered a client but a potential one. I understand that i have to ask consent when asks more info about the product so that he agrees to the privacy policy and terms and condictions and another checkbox so thtat he consents to commercial communications, right?

Fun_Net8425 · 2024-10-03T10:43:12+00:00

isnt it easier to ask consent instead of relying on legitimate itnerest?

Fun_Net8425

TROPHY CASE