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      Blog

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

      • Categories Blog, Free Data Protection Resources
      • Date August 28, 2020

      Article 13 GDPR

      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.

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      author avatar
      Privacy Professor

      Professor mr drs Romeo F. Kadir MA MSc LLM LLM (Adv) EMBA EMoC

      At present Romeo Kadir serves as the President of the Global Association of Data Protection Professionals Europe (GADPPRO). GADPPRO is a thought leader self-regulatory association of data protection professionals based in the European Union, active around the globe and the first European Association of data protection professionals open for members outside the EU. Please visit www.gadppro.org for more information.

      First appointed Data Protection Officer (DPO) ever in the Netherlands (European Union) at a semi-public entity. Seasoned European Privacy and Data Protection Expert (22+ years of practical experience in EU Privacy and Data Protection Law, Business Management, Compliance and Ethics).

      Studied European and International Law, Political Sciences and Business Administration. Romeo Kadir is EIPACC EADPP Professor European Privacy & Data Protection Law at Universitas Padjadjaran UNpad (Indonesia) and Honorary Visiting Research Fellow with O.P. Jindal Global University (New Delhi), Senior Associate Fellow with Vidhi Centre for Legal Policy (New Delhi), Lecturer Science Honours Academy and Lecturer at the International Molengraaff Institute, Utrecht University (UU, Netherlands). In 2010 he was founder of the first European Data Protection Academy focusing on privacy-only executive education.

      Present Occupations in European Data Protection Law

      Member of the International Bar Association (IBA)
      Member of the International Board of Experts with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the International Strategic Board with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the Swiss-Chinese Law Association (SCLA)

      Former Occupations in European Data Protection Law

      President European Institute for Privacy, Audit, Compliance & Certification (EIPACC)
      Co-Founder/Vice-President European Association for Data Protection Professionals (EADPP)
      Chair EADPP Certification Committee Data Protection Professionals,
      Chair EADPP Academic Board
      Chair EADPP Expert Committee on Cybersecurity
      Chair EADPP Expert Committee on Artificial Intelligence (AI)
      President Supervisory Board of the Dutch Privacy Complaints Office (NPKI)
      Rapporteur to UN Monitoring Commission Human Rights on behalf of the Dutch Privacy Foundation (SPN)

      Publications

      'Handbook DPO - A Practical Guide', Privacy Publishing Group (2017)
      Editor-in-Chief of ‘Data Protection Dictionary’, authored, edited and coordinated ‘Handbook for the Data Protection Officer – A practical Guide’, ‘The Ultimate GDPR Business Guide – Six Volumes’ and other relevant books in the field of privacy and data protection (www.dataprotectionbooks.com)

      www.romeokadir.eu

      Previous post

      GDPR Transparent information, communication and modalities for the exercise of the rights of the data subject
      August 28, 2020

      Next post

      GDPR Information to be provided where personal data have not been obtained from the data subject
      August 28, 2020

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