The Article 29 Working Party (WP29) adopted, on 11 April 2018, finalized guidelines on transparency (the Guidelines) under the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR), following its public consultation.
Technology Law Dispatch looked at the draft guidance on transparency earlier this year, so this blog focuses on the key issues and what is new in the final guidelines.
Information being “intelligible”
The updated guidelines link the requirement for information to be intelligible, using plain and clear language, and accountable. The guidelines now state that an “accountable data controller will have knowledge about the people they collect information about and it can use this knowledge to determine what that audience would likely understand.” This includes, for example, assuming working professionals have a higher understanding of certain issues than children or non-specialists. In other words, the data controller is expected to customize its notices and information as appropriate to the applicable audience. The final guidelines also suggest mechanisms by which controllers can test their interfaces, notices and policies for intelligibility and transparency – including the use of industry groups, consumer advocacy groups, readability tests and regulatory bodies.
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