Bastiaan Bruyndonckx
Information Communication Technology
Information Governance & Data Protection
Telecommunications, Media & Technology
Commercial law
Dispute Resolution
Intellectual Property (IP)
bastiaan.bruyndonckx@lydian.be
Transparency is an overarching principle under the GDPR, applying notably to the provision of information to data subjects related to fair processing. Articles 12, 13, and 14 of the GDPR set out the various requirements a fair processing notice must meet. Fair processing notices must, amongst others, be concise, transparent, intelligible, and easily accessible. At the same time, however, the volume of information to be communicated to data subjects and the level of detail required is considerable.
The European Data Protection Board’s (EPDB) predecessor, the Working Party 29, adopted on 11 April 2018 Guidelines on Transparency under Regulation 2016/679 in order to provide guidance to controllers on the format and contents of fair processing notices. In the meantime, the Dispute Chamber of the Belgian Data Protection Authority has issued a number of decisions that may impact the wording of your fair processing notice. The Belgian Data Protection Authority recently also published a report on the knowledge and understanding of the GDPR by SMEs. The report concludes that the knowledge and understanding of the principle of transparency by SMEs is not sufficient although transparency constitutes a key concern of the Belgian DPA.
Be sure to watch our webinar of 6 October on this topic!
Information Communication Technology
Information Governance & Data Protection
Telecommunications, Media & Technology
Commercial law
Dispute Resolution
Intellectual Property (IP)
bastiaan.bruyndonckx@lydian.be