GDPR · Regulation (EU) 2016/679
Article 14
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 3 parts · 0 Council drafts · 4 Parliament amendments
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Additional proposed wording Amendment 1127 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Oliver Schenk, Pekka Toveri, Christian Ehler ITRE · LIBE
5a. In Article 14, paragraph 5a is added:
The obligation to make information available pursuant to Article 14 shall be deemed fulfilled where such information is published and maintained in an easily accessible manner on the entity's website.'
against:
Article 14
Information to be provided where personal data have not been obtained from the data subject
- 1.
Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information:
- (a)
the identity and the contact details of the controller and, where applicable, of the controller's representative;
- (b)
the contact details of the data protection officer, where applicable;
- (c)
the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
- (d)
the categories of personal data concerned;
- (e)
the recipients or categories of recipients of the personal data, if any;
- (f)
where applicable, that the controller intends to transfer personal data to a recipient in a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available.
- (a)
- 2.
In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:
- (a)
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
- (b)
where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;
- (c)
the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability;
- (d)
where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- (e)
the right to lodge a complaint with a supervisory authority;
- (f)
from which source the personal data originate, and if applicable, whether it came from publicly accessible sources;
- (g)
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- (a)
- 3.
The controller shall provide the information referred to in paragraphs 1 and 2:
- (a)
within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed;
- (b)
if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or
- (c)
if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.
- (a)
- 4.
Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
- 5.
Paragraphs 1 to 4 shall not apply where and insofar as:
- (a)
the data subject already has the information;
- (b)
the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available;
- (c)
obtaining or disclosure is expressly laid down by Union or Member State law to which the controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or
- (d)
where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy.
- (a)
- 5a.
The obligation to make information available pursuant to Article 14 shall be deemed fulfilled where such information is published and maintained in an easily accessible manner on the entity's website.'
Additional proposed wording Amendment 1130 · Axel Voss ITRE · LIBE
In Article 14(1), the following points are added:
if the controller is a small, medium or large controller under Article 4(27) to (29), and;
if the controller is a large controller, the number of data subjects they processed personal data about, the number of times data subjects have exercised their rights against them under Articles 13 to 22 and the number of each type of outcome, the number of data breaches under Article 32 and the number of likely affected data subjects, the number of procedure filed against them under Article 78 and 79, the certifications received or revoked under Article 42 and the name and contact details of the certification body that has certified them for the past three financial years.
Justification
RISK-BASED APPROACH #9: This package makes the GDPR’s risk-based approach practical by introducing objective categories for small, medium and large controllers. Small controllers with limited, non-core processing receive relief from selected administrative duties, while data-subject rights and enforcement remain intact. Very large controllers, gatekeepers and VLOPs/VLOSEs face stronger transparency, annual certification and closer supervision. Compliance effort is thus reduced where risks are low and increased where scale and systemic impact are greatest.
against:
Article 14
Information to be provided where personal data have not been obtained from the data subject
- 1.
Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information:
- (a)
the identity and the contact details of the controller and, where applicable, of the controller's representative;
- (b)
the contact details of the data protection officer, where applicable;
- (c)
the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
- (d)
the categories of personal data concerned;
- (e)
the recipients or categories of recipients of the personal data, if any;
- (f)
where applicable, that the controller intends to transfer personal data to a recipient in a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available.
- (fa)
if the controller is a small, medium or large controller under Article 4(27) to (29), and;
- (fb)
if the controller is a large controller, the number of data subjects they processed personal data about, the number of times data subjects have exercised their rights against them under Articles 13 to 22 and the number of each type of outcome, the number of data breaches under Article 32 and the number of likely affected data subjects, the number of procedure filed against them under Article 78 and 79, the certifications received or revoked under Article 42 and the name and contact details of the certification body that has certified them for the past three financial years.
- (a)
- 2.
In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:
- (a)
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
- (b)
where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;
- (c)
the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability;
- (d)
where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- (e)
the right to lodge a complaint with a supervisory authority;
- (f)
from which source the personal data originate, and if applicable, whether it came from publicly accessible sources;
- (g)
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- (a)
- 3.
The controller shall provide the information referred to in paragraphs 1 and 2:
- (a)
within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed;
- (b)
if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or
- (c)
if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.
- (a)
- 4.
Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
- 5.
Paragraphs 1 to 4 shall not apply where and insofar as:
- (a)
the data subject already has the information;
- (b)
the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available;
- (c)
obtaining or disclosure is expressly laid down by Union or Member State law to which the controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or
- (d)
where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy.
- (a)
Additional proposed wording Amendment 1136 · Kristian Vigenin ITRE · LIBE
In Article 14, paragraph 3 is amended as follows
The controller shall provide the information referred to in paragraphs 1 and 2 within a reasonable period after obtaining the personal data, having regard to the specific circumstances in which the personal data are processed.
If the personal data are to be used for communication with the data subject, the information referred to in paragraphs 1 and 2 has to be provided to the data subject at the latest at the time of the first communication to that data subject.
If a disclosure to another recipient is envisaged, the information referred to in paragraphs 1 and 2 has to be provided to the data subject at the latest when the personal data are first disclosed.
In any case, the information referred to in paragraphs 1 and 2 has to be provided to the data subject at the latest within one month.
against:
Article 14
Information to be provided where personal data have not been obtained from the data subject
- 1.
Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information:
- (a)
the identity and the contact details of the controller and, where applicable, of the controller's representative;
- (b)
the contact details of the data protection officer, where applicable;
- (c)
the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
- (d)
the categories of personal data concerned;
- (e)
the recipients or categories of recipients of the personal data, if any;
- (f)
where applicable, that the controller intends to transfer personal data to a recipient in a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available.
- (a)
- 2.
In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:
- (a)
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
- (b)
where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;
- (c)
the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability;
- (d)
where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- (e)
the right to lodge a complaint with a supervisory authority;
- (f)
from which source the personal data originate, and if applicable, whether it came from publicly accessible sources;
- (g)
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- (a)
- 3.
The controller shall provide the information referred to in paragraphs 1 and 2
:within a reasonable period after obtaining the personal data, having regard to the specific circumstances in which the personal data are processed.If the personal data are to be used for communication with the data subject, the information referred to in paragraphs 1 and 2 has to be provided to the data subject at the latest at the time of the first communication to that data subject.
If a disclosure to another recipient is envisaged, the information referred to in paragraphs 1 and 2 has to be provided to the data subject at the latest when the personal data are first disclosed.
In any case, the information referred to in paragraphs 1 and 2 has to be provided to the data subject at the latest within one month.
- (a)
within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed; - (b)
if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or - (c)
if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.
- (a)
- 4.
Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
- 5.
Paragraphs 1 to 4 shall not apply where and insofar as:
- (a)
the data subject already has the information;
- (b)
the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available;
- (c)
obtaining or disclosure is expressly laid down by Union or Member State law to which the controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or
- (d)
where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy.
- (a)
Additional proposed wording Amendment 1599 · Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Lena Düpont, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen ITRE · LIBE
In Article 14, paragraph 5a is added:
Where the controller is an association, foundation, or other non-profit organisation, and the personal data have not been obtained from the data subject, paragraphs 1 to 5 shall not apply where providing the information would require a disproportionate effort and the processing is limited to the internal purposes described in Article 13(6). In such cases, the controller shall adopt appropriate transparency measures.
Context reproduced in the official amendment
The amendment reproduces a wider legal passage. It is shown as context because it does not cover the same legal unit as the proposed wording.
Article 14 Information to be provided where personal data have not been obtained from the data subject 1. Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: (a) the identity and the contact details of the controller and, where applicable, of the controller's representative; (b) the contact details of the data protection officer, where applicable; (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) the categories of personal data concerned; (e) the recipients or categories of recipients of the personal data, if any; (f) where applicable, that the controller intends to transfer personal data to a recipient in a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available. 2. In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; (b) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party; (c) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability; (d) where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
the right to lodge a complaint with a supervisory authority; (f) from which source the personal data originate, and if applicable, whether it came from publicly accessible sources; (g) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. The controller shall provide the information referred to in para graphs 1 and 2: (a) within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circum stances in which the personal data are processed; (b) if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or (c) if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed. 4. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2. 5. Paragraphs 1 to 4 shall not apply where and insofar as: (a) the data subject already has the information; (b) the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available; (c) obtaining or disclosure is expressly laid down by Union or Member State law to which the controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or (d) where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy.
Justification
Non-profit organisations may receive personal data indirectly in the context of volunteer coordination, beneficiary support, charitable activities or membership-related administration. In such situations, providing individual information notices to each data subject can require disproportionate effort, particularly for small or volunteer-based organisations. This amendment allows proportionate transparency measures, such as public notices or online publication, where the processing remains limited to low-risk internal purposes. It preserves transparency while avoiding unnecessary bureaucracy for civil-society organisations.
against:
Article 14
Information to be provided where personal data have not been obtained from the data subject
- 1.
Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information:
- (a)
the identity and the contact details of the controller and, where applicable, of the controller's representative;
- (b)
the contact details of the data protection officer, where applicable;
- (c)
the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
- (d)
the categories of personal data concerned;
- (e)
the recipients or categories of recipients of the personal data, if any;
- (f)
where applicable, that the controller intends to transfer personal data to a recipient in a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available.
- (a)
- 2.
In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:
- (a)
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
- (b)
where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;
- (c)
the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability;
- (d)
where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- (e)
the right to lodge a complaint with a supervisory authority;
- (f)
from which source the personal data originate, and if applicable, whether it came from publicly accessible sources;
- (g)
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- (a)
- 3.
The controller shall provide the information referred to in paragraphs 1 and 2:
- (a)
within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed;
- (b)
if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or
- (c)
if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.
- (a)
- 4.
Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
- 5.
Paragraphs 1 to 4 shall not apply where and insofar as:
- (a)
the data subject already has the information;
- (b)
the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available;
- (c)
obtaining or disclosure is expressly laid down by Union or Member State law to which the controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or
- (d)
where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy.
- (a)
- 5a.
Where the controller is an association, foundation, or other non-profit organisation, and the personal data have not been obtained from the data subject, paragraphs 1 to 5 shall not apply where providing the information would require a disproportionate effort and the processing is limited to the internal purposes described in Article 13(6). In such cases, the controller shall adopt appropriate transparency measures.
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