GDPR Article 13: Information to be provided when data is collected from the data subject

· By Bertrand BucelleBertrand Bucelle · 2 min read

GDPR Article 13: Information to be provided when data is collected from the data subject

Article 13 of the GDPR Explained

When data are collected directly from the data subject, they must be clearly informed, from the moment of collection, of the following elements:

  • The identity and contact details of the data controller,
  • The purposes of the processing and its legal basis,
  • The recipients or categories of recipients,
  • The data retention period,
  • The data subject's rights (access, rectification, erasure, restriction, objection, etc.),
  • The right to lodge a complaint with a supervisory authority,
  • The mandatory or optional nature of the collected data,
  • The existence of automated decision-making, where applicable.

Why this article matters for your GDPR compliance

Non-compliance with Article 13 may result in significant penalties. It ensures that the individual has informed control over their personal data. It also serves as a driver of trust and transparency between the organisation and its users, customers, or data subjects.

How to comply with Article 13 of the GDPR?

  • Include all mandatory information in your privacy policies, contact forms, terms and conditions, etc.
  • Draft this information in a clear, understandable and accessible manner to all audiences.
  • Ensure that the information is provided at the time of collection, and not later.
  • Document this step in your record of processing activities.

GDPR Article 13 Application Examples

  • An e-commerce website displays a link to its privacy policy on every order form.
  • A company informs new employees about the collection of their HR data in the employment letter.
  • A mobile application requests acceptance of an explanatory notice before collecting location data.

Related Resources

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