Privacy policy: what is its content according to the GDPR?

Privacy policy in the GDPR

GDPR defines the content of the privacy policy that needs to be provided to the data subject in articles 13 and 14. These articles cover the following scenarios:

  • “Information to be provided where personal data are collected from the data subject”
  • “Information to be provided where personal data have not been obtained from the data subject”

GDPR Privacy Policy: the content

The content of the two privacy policies are almost the same, in both cases it must contain:

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

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

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

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

  • 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, 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.

However, the two privacy policies differ for one point. In case personal data are collected from the data subject, it must include:

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

On the other hand, (when personal data have not been obtained from the data subject), the privacy policy must include:

  • the categories of personal data concerned

GDPR Privacy Policy: additional information

Ther is additional information to include in this document, and again, we have two different scenarios depending on where data have been collected:

personal data collected from the data subject:

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

  2. 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;

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

  4. the right to lodge a complaint with a supervisory authority;

  5. 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;

  6. 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.

personal data not collected from the data subject:

  1. points 1, 2, 3 and 4 of the previous list;
  2. where the processing is based on point (f) of Article 6 (1), the legitimate interests pursued by the controller or by a third party;

  3. from which source the personal data originate, and if applicable, whether it came from publicly accessible sources;

  4. 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.

Privacy policy: terms of the communication

In case data have not been collected from the data subject, art. 14 specifies the terms of the communication, all the information must be provided:

  • 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;

  • 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

  • if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.

Swascan allows companies to face the upcoming legislative requirements through different tools:

    • dedicated cybersecurity services that lead companies to Security Management;
    • a specific GDPR consultancy conducted by professionals in the field;
    • a GDPR Assessment service that allows companies to test their GDPR compliance level and provides an action plan to bridge the gap.
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