1. Where personal data have not been obtained from the data subject, the controller shall provide the data subject with 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) | the categories of personal data concerned; |
(e) | the recipients or categories of recipients of the personal data, if any; |
(f) | where applicable, that the controller intends to transfer personal data to a recipient in 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 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 provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:
(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) | where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party; |
(c) | 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 and to object to processing as well as the right to data portability; |
(d) | where 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; |
(e) | the right to lodge a complaint with a supervisory authority; |
(f) | from which source the personal data originate, and if applicable, whether it came from publicly accessible sources; |
(g) | 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. The controller shall provide the information referred to in paragraphs 1 and 2:
(a) | within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed; |
(b) | if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or |
(c) | if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed. |
4. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, 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.
5. Paragraphs 1 to 4 shall not apply where and insofar as:
(a) | the data subject already has the information; |
(b) | the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available; |
(c) | obtaining or disclosure is expressly laid down by Union or Member State law to which the controller is subject and which provides appropriate measures to protect the data subject’s legitimate interests; or |
(d) | where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy. |
If you collect personal data, you must inform the data subject how you process their data.
Article 14 describes how you should provide the information to the data subject when you have not obtained personal data from the data subject but from other sources. If you obtain personal data from the data subject, you should see article 13 instead.
Amongst other things, article 14 obliges you to provide information on your data sources and whether the personal data came from publicly accessible sources.
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, along with article 13, is the reason you see all websites having a privacy policy.
Article 14 requires everyone processing personal data not obtained from the data subject to communicate how they intend to process the data.
As a controller, if you process personal data collected from government agencies, public databases or a partner, then you are covered by the rules in article 14.
When personal information has not been obtained from the data subject, you should inform the data subject at the latest within one month, considering the specific circumstances in which the data are processed.
Ideally, you should inform the data subject as soon as possible after obtaining the personal data.
Suppose you intend to use personal data for communication with the data subject. In that case, you should provide the information by the time of the first communication with that specific data subject.
Articles 13 and 14 require you to provide information to the data subject when you have obtained their personal data and explain which information to provide them.
Article 13 is concerned with the information you should provide to the data subject where personal data is obtained from the data subject.
On the other hand, article 14 concerns the information you should provide to the data subject where personal data have not been obtained from the data subject, but from other sources.
These other data sources could be public registers, vendors or similar.
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 it whenever your data subjects request further information on processing 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 articles 14(1), 14(2) and 14(3). Though, these may not apply if the data subject has already received this information or if providing the information is deemed impossible or would involve a disproportionate effort.
Furthermore, article 12 requires you to communicate this transparently, which means that the information provided in the privacy policy should be clear.
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.
The current use case for the template is made with article 13 in mind. This means that you should be careful and customise the template to suit your needs if, instead, you are covered by the requirements described in article 14.
Ensure that your entire company is equipped with the necessary awareness training on the basics of GDPR and IT security.
Once you have submitted your details, you’ll be our top priority!
