Utah § 13-61-301 - Responsibility according to role.

Full text of Utah Utah Code § 13-61-301 — Responsibility according to role., with citation guidance and answers to common questions.

§ 13-61-301. Responsibility according to role.

Effective 12/31/2023
13-61-301.  Responsibility according to role.
(1) A processor shall:
(a) adhere to the controller's instructions; and
(b) taking into account the nature of the processing and information available to the processor, by appropriate technical and organizational measures, insofar as reasonably practicable, assist the controller in meeting the controller's obligations, including obligations related to the security of processing personal data and notification of a breach of security system described in Section 13-44-202.
(2) Before a processor performs processing on behalf of a controller, the processor and controller shall enter into a contract that:
(a) clearly sets forth instructions for processing personal data, the nature and purpose of the processing, the type of data subject to processing, the duration of the processing, and the parties' rights and obligations;
(b) requires the processor to ensure each person processing personal data is subject to a duty of confidentiality with respect to the personal data; and
(c) requires the processor to engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the same obligations as the processor with respect to the personal data.
(3)
(a) Determining 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 upon the context in which personal data are to be processed.
(b) A processor that adheres to a controller's instructions with respect to a specific processing of personal data remains a processor.


Enacted by Chapter 462, 2022 General Session

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Frequently Asked Questions About Utah § 13-61-301

What does Utah Code § 13-61-301 cover?

Section 13-61-301 ("Responsibility according to role.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 13-61-301?

A common citation format is "Utah Code § 13-61-301" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 13-61-301 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.