Implementing Transparent Communication

Overview

GDPR Article 12 establishes the overarching framework for how controllers must communicate with data subjects about data protection matters. All information under Articles 13-14 and all communications under Articles 15-22 and 34 must be provided in a concise, transparent, intelligible, and easily accessible form, using clear and plain language. This skill covers the operational requirements for achieving transparent communication.

Legal Foundation

GDPR Article 12 — Transparent Information, Communication and Modalities

1. Art. 12(1) — The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.

2. Art. 12(2) — The controller shall facilitate the exercise of data subject rights under Articles 15 to 22. The controller shall not refuse to act on the request of the data subject unless it demonstrates that it is not in a position to identify the data subject.

3. Art. 12(3) — Response timeline: without undue delay and in any event within one month of receipt. Extension by two further months where necessary. Notification of extension within one month with reasons.

4. Art. 12(4) — If the controller does not take action on the request, inform the data subject without delay and at the latest within one month: reasons for not taking action, possibility of lodging a complaint with a supervisory authority, and seeking a judicial remedy.

5. Art. 12(5) — Information under Articles 13 and 14 and any communication and actions under Articles 15 to 22 and 34 shall be provided free of charge. Where requests are manifestly unfounded or excessive, the controller may charge a reasonable fee or refuse to act.