Another interesting component of the opinion pertains to the definition of a data controller — a key distinction in privacy law which enables
supervisory authorities to understand
where specific legal
responsibilities lie, and thus how to apply data protection law.
Where the managing broker intends to represent one of the parties in an in - house transaction, another member of the brokerage would have to assume the managing broker's
supervisory responsibilities in order to ensure the brokerage fulfills its
responsibilities and to ensure the managing broker and other designated agent involved in the transaction fulfill their
responsibilities as designated agents for their respective clients.