General Data
Protection Regulation

Article 13

Information to be provided where personal data are collected from the data subject

1.   Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:

(a)

the identity and the contact details of the controller and, where applicable, of the controller’s representative;

(b)

the contact details of the data protection officer, where applicable;

(c)

the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;

(d)

where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;

(e)

the recipients or categories of recipients of the personal data, if any;

(f)

where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.

2.   In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing:

(a)

the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

(b)

the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;

(c)

where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;

(d)

the right to lodge a complaint with a supervisory authority;

(e)

whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;

(f)

the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

3.   Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.

4.   Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.

What does it mean?

If you have ever heard of the concept of a “privacy policy”, then article 13 of the GDPR has a big part in this.

Article 13 obliges you to inform your data subjects of the personal data which you process about them at the time of the data collection.

You shall inform the data subjects in writing, as the GDPR requires you to be able to document your compliance with these rules. 

This rule is why you see all websites having a privacy policy.

Article 13 requires everyone collecting personal data from the data subject to communicate how they intend to process the data. 

Every website, business or organisation, which collects personal data, is required to communicate this to the data subject at the time when personal data are obtained.

A privacy policy is a text which communicates how you process personal data on your data subject, which could be users, clients, employees, partners, etc. 

The privacy policy is often made accessible on the controller’s website, so you can link to this whenever your data subjects request further information on your processing of their personal data.

Articles 13 and 14 of the GDPR require you to inform your data subjects about your processing of their personal data. 

Article 13 specifies how you should communicate your processing when personal data are collected from the data subject itself. You collect personal data from the data subject when you ask them for their contact details or similar information. This is contrary to the situation described in article 14, which sets out the rules for your communication when personal data have not been obtained from the data subject.

If you wish to create a privacy policy from scratch, you should follow the requirements in article 13(1) and 13(2). Furthermore, article 12 requires you to communicate this transparently.

You are free to use our free template, which you can find by following this link: privacy policy template

These requirements have already been incorporated if you choose to use the free privacy policy template.

Yes. You can use a privacy policy template, but it is vital to customise the privacy policy to your specific processing of personal data.

If you don’t customise the privacy policy to your specific processing of personal data, the communication may become vague and therefore add little value to the reader. The purpose of the privacy policy is to inform the data subject so that they can make a conscious decision on whether to let you process their personal data. 

You can find a privacy policy template on this website. 

The template is designed with a typical business in mind; therefore, it can be used for most companies, but remember to customise it for your needs if you choose to use it.

Free Privacy Policy

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