WP 29 adopts guidelines on transparency under the GDPR

21. December 2017

The Article 29 Working Party (WP 29) has adopted guidelines on transparency under the General Data Protection Regulation (GDPR). The guideline intends to bring clearance into the transparency requirement regarding the processing of personal data and gives practical advice.

Transparency as such is not defined in the GDPR. However, Recital 39 describes what the transparency obligation requires when personal data is processed. Providing information to a data subject about the processing of personal data is one major aspect of transparency.

In order to explain transparency and its requirements, the WP 29 points out “elements of transparency under the GDPR” and explains their understanding of these. The following elements are named and described:

– “Concise, transparent, intelligible and easily accessible”
– “Clear and plain language”
– “Providing information to children”
– “In writing or by other means”
– “..the information may be provided orally”
– “Free of charge”

In a schedule, the WP 29 lists which information under Art. 13 and Art. 14 GDPR shall be provided to a data subject and which information is not required.