Privacy Policy

1. Introduction
1.1 We are committed to safeguarding the privacy of [our website visitors,
service users, individual customers and customer personnel].
1.2 This policy applies where we are acting as a data controller with respect to
the personal data of such persons; in other words, where we determine the
purposes and means of the processing of that personal data.
1.3 Our website incorporates privacy controls which affect how we will process
your personal data. By using the privacy controls, you can [specify whether
you would like to receive direct marketing communications and limit the
collection, sharing and publication of your personal data]. You can access the
privacy controls via [URL].
1.4 We use cookies on our website. Insofar as those cookies are not strictly
necessary for the provision of [our website and services], we will ask you to
consent to our use of cookies when you first visit our website.
1.5 In this policy, “we”, “us” and “our” refer to [data controller name].[ For more
information about us, see Section 14.]
2. Credit
2.1 This document was created using a template from Docular (https://
seqlegal.com/free-legal-documents/privacy-policy).
You must retain the above credit. Use of this document without the credit is an
infringement of copyright. However, you can purchase from us an equivalent
document that does not include the credit.
3. The personal data that we collect
3.1 In this Section 3 we have set out the general categories of personal data that
we process[ and, in the case of personal data that we did not obtain directly
from you, information about the source and specific categories of that data].
3.2 We may process data enabling us to get in touch with you (“contact data”).[
The contact data may include [your name, email address, telephone number,
postal address and/or social media account identifiers].][ The source of the
contact data is [you and/or your employer].][ If you log into our website
using a social media account, we will obtain elements of the contact data
from the relevant social media account provider.]
3.3 We may process [your website user account data] (“account data”).[ The
account data may [include your account identifier, name, email address,
business name, account creation and modification dates, website settings and
marketing preferences].][ The primary source of the account data is [you
and/or your employer, although some elements of the account data may be
generated by our website].][ If you log into our website using a social media
account, we will obtain elements of the account data from the relevant social
media account provider.]
3.4 We may process [information relating to transactions, including purchases of
goods and/or services, that you enter into with us and/or through our
website] (“transaction data”).[ The transaction data may include [your
name, your contact details, your payment card details (or other payment
details) and the transaction details].][ The source of the transaction data is
[you and/or our payment services provider].]
3.5 We may process [information contained in or relating to any communication
that you send to us or that we send to you] (“communication data”). The
communication data may include [the communication content and metadata
associated with the communication].[ Our website will generate the metadata
associated with communications made using the website contact forms.]
3.6 We may process [data about your use of our website and services] (“usage
data”). The usage data may include [your IP address, geographical location,
browser type and version, operating system, referral source, length of visit,
page views and website navigation paths, as well as information about the
timing, frequency and pattern of your service use]. The source of the usage
data is [our analytics tracking system].
3.7 We may process [identify general category of data].[ This data may include
[list specific items of data].][ The source of this data is [identify source].]
4. Purposes of processing and legal bases
4.1 In this Section 4, we have set out the purposes for which we may process
personal data and the legal bases of the processing.
4.2 Operations – We may process [your personal data] for [the purposes of
operating our website, the processing and fulfilment of orders, providing our
services, supplying our goods, generating invoices, bills and other paymentrelated documentation, and credit control]. The legal basis for this processing
is [our legitimate interests, namely [the proper administration of our website,
services and business]] OR [the performance of a contract between you and
us and/or taking steps, at your request, to enter into such a contract] OR
[[specify basis]].
4.3 Publications – We may process [account data] for [the purposes of
publishing such data on our website and elsewhere through our services in
accordance with your express instructions]. The legal basis for this processing
is [consent] OR [our legitimate interests, namely [the publication of content
in the ordinary course of our operations]] OR [the performance of a contract
between you and us and/or taking steps, at your request, to enter into such a
contract] OR [[specify basis]].
4.4 Relationships and communications – We may process [contact data,
account data, transaction data and/or communication data] for [the purposes
of managing our relationships, communicating with you (excluding
communicating for the purposes of direct marketing) by email, SMS, post, fax
and/or telephone, providing support services and complaint handling]. The
legal basis for this processing is [our legitimate interests, namely
[communications with our website visitors, service users, individual
customers and customer personnel, the maintenance of relationships, and the
proper administration of our website, services and business]] OR [[specify
basis]].
4.5 Direct marketing – We may process [contact data, account data and/or
transaction data] for [the purposes of creating, targeting and sending direct
marketing communications by email, SMS, post and/or fax and making
contact by telephone for marketing-related purposes]. The legal basis for this
processing is [consent] OR [our legitimate interests, namely [promoting our
business and communicating marketing messages and offers to our website
visitors and service users]] OR [[specify basis]].
4.6 Research and analysis – We may process [usage data and/or transaction
data] for [the purposes of researching and analysing the use of our website
and services, as well as researching and analysing other interactions with our
business]. The legal basis for this processing is [consent] OR [our legitimate
interests, namely [monitoring, supporting, improving and securing our
website, services and business generally]] OR [[specify basis]].
4.7 Record keeping – We may process [your personal data] for [the purposes of
creating and maintaining our databases, back-up copies of our databases and
our business records generally]. The legal basis for this processing is our
legitimate interests, namely [ensuring that we have access to all the
information we need to properly and efficiently run our business in
accordance with this policy].
4.8 Security – We may process [your personal data] for [the purposes of security
and the prevention of fraud and other criminal activity]. The legal basis of this
processing is our legitimate interests, namely [the protection of our website,
services and business, and the protection of others].
4.9 Insurance and risk management – We may process [your personal data]
where necessary for [the purposes of obtaining or maintaining insurance
coverage, managing risks and/or obtaining professional advice]. The legal
basis for this processing is our legitimate interests, namely [the proper
protection of our business against risks].
4.10 Legal claims – We may process [your personal data] where necessary for
[the establishment, exercise or defence of legal claims, whether in court
proceedings or in an administrative or out-of-court procedure]. The legal
basis for this processing is our legitimate interests, namely [the protection
and assertion of our legal rights, your legal rights and the legal rights of
others].
4.11 Legal compliance and vital interests – We may also process your personal
data where such processing is necessary for compliance with a legal
obligation to which we are subject or in order to protect your vital interests or
the vital interests of another natural person.
5. Providing your personal data to others
5.1 We may disclose [your personal data] to [our insurers and/or professional
advisers] insofar as reasonably necessary for the purposes of [obtaining or
maintaining insurance coverage, managing risks, obtaining professional
advice].
5.2 [Your personal data held in our website database] OR [[Identify personal data
category or categories]] will be stored on the servers of our hosting services
providers[ identified at [URL]].
5.3 We may disclose [specify personal data category or categories] to [our
suppliers or subcontractors][ identified at [URL]] insofar as reasonably
necessary for [specify purposes].
5.4 Financial transactions relating to [our website and services] [are] OR [may
be] handled by our payment services providers, [identify PSPs]. We will share
transaction data with our payment services providers only to the extent
necessary for the purposes of [processing your payments, refunding such
payments and dealing with complaints and queries relating to such payments
and refunds]. You can find information about the payment services providers’
privacy policies and practices at [URLs].
5.5 In addition to the specific disclosures of personal data set out in this Section
5, we may disclose your personal data where such disclosure is necessary for
compliance with a legal obligation to which we are subject, or in order to
protect your vital interests or the vital interests of another natural person. We
may also disclose your personal data where such disclosure is necessary for
the establishment, exercise, or defence of legal claims, whether in court
proceedings or in an administrative or out-of-court procedure.
6. International transfers of your personal data
6.1 In this Section 6, we provide information about the circumstances in which
your personal data may be transferred to a third country under [UK data
protection law] OR [EU data protection law] OR [UK and/or EU data
protection law].
6.2 We may transfer [your personal data] from the European Economic Area
(EEA) to the UK and process that personal data in the UK [for the purposes
set out in this policy][, and may permit [our suppliers and subcontractors] to
do so,] during any period with respect to which the UK is not treated as a
third country under EU data protection law or benefits from an adequacy
decision under EU data protection law; and we may transfer [your personal
data] from the UK to the EEA and process that personal data in the EEA [for
the purposes set out in this policy][, and may permit [our suppliers and
subcontractors] to do so,] during any period with respect to which EEA states
are not treated as third countries under UK data protection law or benefit
from adequacy regulations under UK data protection law.
6.3 The hosting facilities for our website are situated in [specify countries].[ The
competent data protection authorities have made an adequacy determination
with respect to [the data protection laws of each of these countries].]
[ Transfers to [each of these countries] will be protected by appropriate
safeguards, namely [the use of standard data protection clauses adopted or
approved by the competent data protection authorities, a copy of which you
can obtain from [source]] OR [[specify appropriate safeguards and means to
obtain a copy]].]
6.4 [Specify category or categories of supplier or subcontractor] [is] OR [are]
situated in [specify countries].[ The competent data protection authorities
have made an adequacy determination with respect to [the data protection
laws of each of these countries].][ Transfers to [each of these countries] will
be protected by appropriate safeguards, namely [the use of standard data
protection clauses adopted or approved by the competent data protection
authorities, a copy of which can be obtained from [source]] OR [[specify
appropriate safeguards and means to obtain a copy]].]
6.5 You acknowledge that [personal data that you submit for publication through
our website or services] may be available, via the internet, around the world.
We cannot prevent the use (or misuse) of such personal data by others.
7. Retaining and deleting personal data
7.1 This Section 7 sets out our data retention policies and procedures, which are
designed to help ensure that we comply with our legal obligations in relation
to the retention and deletion of personal data.
7.2 Personal data that we process for any purpose or purposes shall not be kept
for longer than is necessary for that purpose or those purposes.
7.3 We will retain your personal data as follows:
(a) [contact data will be retained for a minimum period of [period]
following the date of the most recent contact between you and us, and
for a maximum period of [period] following that date];
(b) [account data will be retained for a minimum period of [period]
following the date of closure of the relevant account, and for a
maximum period of [period] following that date];
(c) [transaction data will be retained for a minimum period of [period]
following the date of the transaction, and for a maximum period of
[period] following that date];
(d) [communication data will be retained for a minimum period of [period]
following the date of the communication in question, and for a
maximum period of [period] following that date];
(e) [usage data will be retained for [period] following the date of
collection]; and
(f) [[data category] will be retained for a minimum period of [period]
following 2024, and for a maximum period of [period] following
2024].
[additional list items]
7.4 Notwithstanding the other provisions of this Section 7, we may retain your
personal data where such retention is necessary for compliance with a legal
obligation to which we are subject, or in order to protect your vital interests
or the vital interests of another natural person.
8. Your rights
8.1 In this Section 8, we have listed the rights that you have under data
protection law.
8.2 Your principal rights under data protection law are:
(a) the right to access – you can ask for copies of your personal data;
(b) the right to rectification – you can ask us to rectify inaccurate
personal data and to complete incomplete personal data;
(c) the right to erasure – you can ask us to erase your personal data;
(d) the right to restrict processing – you can ask us to restrict the
processing of your personal data;
(e) the right to object to processing – you can object to the processing
of your personal data;
(f) the right to data portability – you can ask that we transfer your
personal data to another organisation or to you;
(g) the right to complain to a supervisory authority – you can
complain about our processing of your personal data; and
(h) the right to withdraw consent – to the extent that the legal basis of
our processing of your personal data is consent, you can withdraw that
consent.
8.3 These rights are subject to certain limitations and exceptions. You can learn
more about the rights of data subjects by visiting [https://edpb.europa.eu/
our-work-tools/general-guidance/gdpr-guidelines-recommendations-bestpractices_en and https://ico.org.uk/for-organisations/guide-to-dataprotection/guide-to-the-general-data-protection-regulation-gdpr/individualrights/].
8.4 You may exercise any of your rights in relation to your personal data [by
written notice to us, using the contact details set out below].
9. About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that
is sent by a web server to a web browser and is stored by the browser. The
identifier is then sent back to the server each time the browser requests a
page from the server.
9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent
cookie will be stored by a web browser and will remain valid until its set
expiry date, unless deleted by the user before the expiry date; a session
cookie, on the other hand, will expire at the end of the user session, when
the web browser is closed.
9.3 Cookies may not contain any information that personally identifies a user, but
personal data that we store about you may be linked to the information
stored in and obtained from cookies.
10. Cookies that we use
10.1 We use cookies for the following purposes:
(a) [authentication and status – we use cookies [to identify you when
you visit our website and as you navigate our website, and to help us
determine if you are logged into our website][ (cookies used for this
purpose are: [identify cookies])]];
(b) [shopping cart – we use cookies to [maintain the state of your
shopping cart as you navigate our website][ (cookies used for this
purpose are: [identify cookies])]];
(c) [personalisation – we use cookies [to store information about your
preferences and to personalise our website for you][ (cookies used for
this purpose are: [identify cookies])]];
(d) [security – we use cookies [as an element of the security measures
used to protect user accounts, including preventing fraudulent use of
login credentials, and to protect our website and services generally]
[ (cookies used for this purpose are: [identify cookies])]];
(e) [advertising – we use cookies [to help us to display advertisements
that will be relevant to you][ (cookies used for this purpose are:
[identify cookies])]];
(f) [analysis – we use cookies [to help us to analyse the use and
performance of our website and services][ (cookies used for this
purpose are: [identify cookies])]]; and
(g) [cookie consent – we use cookies [to store your preferences in
relation to the use of cookies more generally][ (cookies used for this
purpose are: [identify cookies])]].
[additional list items]
11. Cookies used by our service providers
11.1 Our service providers use cookies and those cookies may be stored on your
computer when you visit our website.
11.2 We use Google Analytics. Google Analytics gathers information about the use
of our website by means of cookies. The information gathered is used to
create reports about the use of our website. You can find out more about
Google’s use of information by visiting https://www.google.com/policies/
privacy/partners/ and you can review Google’s privacy policy at https://
policies.google.com/privacy.[ The relevant cookies are: [identify cookies].]
11.3 We use [identify service provider] to [specify service]. This service uses
cookies for [specify purpose(s)]. You can view the privacy policy of this
service provider at [URL].[ The relevant cookies are: [identify cookies].]
12. Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies.
The methods for doing so vary from browser to browser, and from version to
version. You can however obtain up-to-date information about blocking and
deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647 (Chrome);
(b) https://support.mozilla.org/en-US/kb/enhanced-tracking-protectionfirefox-desktop (Firefox);
(c) https://help.opera.com/en/latest/security-and-privacy/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internetexplorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/en-gb/guide/safari/manage-cookies-andwebsite-data-sfri11471/mac (Safari); and
(f) https://support.microsoft.com/en-gb/help/4468242/microsoft-edgebrowsing-data-and-privacy (Edge).
[additional list items]
12.2 Blocking all cookies will have a negative impact upon the usability of many
websites.
12.3 If you block cookies, you will not be able to use all the features on our
website.
13. Amendments
13.1 We may update this policy from time to time by publishing a new version on
our website.
13.2 You should check this page occasionally to ensure you are happy with any
changes to this policy.
13.3 We [may] OR [will] notify you of [changes] OR [significant changes] to this
policy [by email].
14. Our details
14.1 This website is owned and operated by [name].
14.2 We are registered in [England and Wales] under registration number
[number], and our registered office is at [address].
14.3 Our principal place of business is at [address].
14.4 You can contact us:
(a) [by post, to [the postal address given above]];
(b) [using our website contact form];
(c) [by telephone, on [the contact number published on our website]]; or
(d) [by email, using [the email address published on our website]].
[additional list items]
15. Representatives
15.1 Our representative within the EU with respect to our obligations under data
protection law is [identify representative] and you can contact our
representative by [contact details].
15.2 Our representative within the UK with respect to our obligations under data
protection law is [identify representative] and you can contact our
representative by [contact details].
16. Data protection officer
16.1 Our data protection officer’s contact details are: [contact details].
The main purpose of a privacy policy is to help a website operator to comply with
information disclosure obligations under data protection legislation. Across the EU,
that means compliance with the General Data Protection Regulation (GDPR). Within
the UK, the Data Protection Act 2018, which adapts the GDPR for the UK context,
applies. Failure to comply with data protection legislation may lead to civil liability
and/or criminal law penalties.
This privacy policy is a shorter version of our privacy and cookies policy document.
That document is more flexible than this policy, although at the cost of greater
complexity.
To complete this template, you will need detailed information about how you or
your organisation uses personal data. For example, you will need to know what
personal data is processed, the purposes for which that personal data is used, the
persons or categories of persons to whom that personal data may be disclosed and
the periods for which that personal data will be retained. You will also need to
establish the legal bases of the your processing.
Separate rules regulate the provision of information about cookies, and this
document includes optional provisions dealing with cookie-related disclosures. If
you retain these provisions, you will need to know the purposes for which cookies
and similar technologies are used on your website.
You should consider whether you need to take specialist legal advice on data
protection.
If you collect sensitive personal information (such as information about a person’s
health, sexuality or political affiliations), or if you collect personal information from
children or about children, you should always take advice before using this (or
indeed any other) privacy policy template. In any case, use of a privacy policy is
only one aspect of data protection compliance.
In many areas, the EU GDPR and the UK GDPR are identical; in other areas, the
differences are limited to jurisdictional and governmental references. Also, the text
of the UK GDPR is not set out in a single piece of legislation. For these reasons, we
have generally referenced the EU GDPR rather than the UK GDPR in the notes to
this document, although in some areas both are covered. See the Keeling Schedule
for a readable version of the UK GDPR (https://www.gov.uk/government/
publications/data-protection-law-eu-exit).
• Regulation (EU) 2016/679 (General Data Protection Regulation) – https://
eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
• Guidelines on transparency under Regulation 2016/679, European Data
Protection Board – https://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=622227
• The right to be informed, Guide to the GDPR, UK Information
Commissioner’s Office – https://ico.org.uk/for-organisations/guide-to-dataprotection/guide-to-the-general-data-protection-regulation-gdpr/the-rightto-be-informed/
Section 1: Introduction
These introductory provisions may be used to draw individuals’ attention to some of
the key issues addressed in the document.
Section 1.2
“Personal data” is defined in Article 4(1) of the GDPR:
“‘personal data’ means any information relating to an identified or identifiable
natural person (‘data subject’); an identifiable natural person is one who can be
identified, directly or indirectly, in particular by reference to an identifier such as a
name, an identification number, location data, an online identifier or to one or more
factors specific to the physical, physiological, genetic, mental, economic, cultural or
social identity of that natural person”.
The inclusion of this statement in your privacy policy will not in itself satisfy the
requirements of the ePrivacy Directive and/or the Privacy and Electronic
Communications (EC Directive) Regulations 2003 as regards consent to the use of
cookies. Guidance concerning methods of obtaining such consent under UK law is
included on the Information Commissioner’s website.
• Cookies and similar technologies, Guide to PECR, UK Information
Commissioner’s Office – https://ico.org.uk/for-organisations/guide-to-pecr/
cookies-and-similar-technologies/
• Directive 2002/58/EC (Directive on privacy and electronic communications)
– https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?
uri=CELEX:32002L0058&from=EN
• Privacy and Electronic Communications (EC Directive) Regulations 2003
(original form) – http://www.legislation.gov.uk/uksi/2003/2426/made
Section 2: Credit
Section: Free documents licensing warning
Optional element. Although you need to retain the credit, you should remove the
inline copyright warning from this document before use.
Section 3: The personal data that we collect
The GDPR requires that controllers disclose to data subjects certain information
about the personal data that they collect, in particular where the data does not
come direct from the data subject.
These provisions are designed to help with this requirement, and also to help you to
categorise the personal data collected in a way that makes it easy to differentiate
between types of personal data elsewhere in the document.
As you will see, there is quite a lot of overlap between the different categories that
we suggest. For example, individual names could fall into several different
categories. In editing these provisions, you should retain those categories of data
that most closely reflect the organisation of data in your business, delete the
others, and add new categories as necessary.
Turning to the legislative provisions, Article 14(1) of the GDPR provides that:
“Where personal data have not been obtained from the data subject, the controller
shall provide the data subject with the following information: … (d) the categories
of personal data concerned …”.
Article 14(2) of the GDPR, which also applies in the case that the personal data
have not been obtained from the data subject, provides that:
“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: … (f) from which source the
personal data originate, and if applicable, whether it came from publicly accessible
sources … “.
As regards the identification of the source of personal data in the case that the
personal data is not obtained from the data subject, the guidance from the
European Data Protection Board states that:
“The specific source of the data should be provided unless it is not possible to do so
… . If the specific source is not named then information provided should include:
the nature of the sources (i.e. publicly / privately held sources) and the types of
organisation / industry / sector.”
• Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-13-gdpr/
• Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-14-gdpr/
• Guidelines on transparency under Regulation 2016/679, European Data
Protection Board – https://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=622227
Use this form of provision to identify other categories of personal data that may be
processed.
Section 4: Purposes of processing and legal bases
The GDPR requires that controllers disclose to data subjects detailed information
about the purposes and legal bases of their processing of personal data.
We have suggested some typical purposes here, but you may need to remove some
of the suggested ones and add your own. Equally, while we have suggested some
possible legal bases of processing in relation to each identified purpose or set of
purposes, the most appropriate legal basis will depend upon your specific
circumstances.
The relevant requirements are set out in Articles 13 and 14 of the GDPR.
Article 13(1) of the GDPR provides that:
“Where personal data relating to a data subject are collected from the data subject,
the controller shall, at the time when personal data are obtained, provide the data
subject with all of the following information: … (c) the purposes of the processing
for which the personal data are intended as well as the legal basis for the
processing; (d) where the processing is based on point (f) of Article 6(1), the
legitimate interests pursued by the controller or by a third party”.
Article 14(1) of the GDPR provides that:
“Where personal data have not been obtained from the data subject, the controller
shall provide the data subject with the following information: … (c) the purposes of
the processing for which the personal data are intended as well as the legal basis
for the processing …”.
Article 14(2) of the GDPR, which also applies in the case that the personal data
have not been obtained from the data subject, provides that:
“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: … (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 … “.
Article 6(1)(f) of the GDPR, which is referred to in Articles 13 and 14, provides
that:
“(1) Processing shall be lawful only if and to the extent that at least one of the
following applies: … (f) processing is necessary for the purposes of the legitimate
interests pursued by the controller or by a third party, except where such interests
are overridden by the interests or fundamental rights and freedoms of the data
subject which require protection of personal data, in particular where the data
subject is a child.”
The UK Information Commissioner’s Office website provides useful guidance in
relation to the selection of the legal bases for processing.
• Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-13-gdpr/
• Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-14-gdpr/
• Article 6, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-6-gdpr/
• Guidelines on transparency under Regulation 2016/679, European Data
Protection Board – https://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=622227
• Lawful basis of processing, Guide to the GDPR, UK Information
Commissioner’s Office – https://ico.org.uk/for-organisations/guide-to-dataprotection/guide-to-the-general-data-protection-regulation-gdpr/lawfulbasis-for-processing/
Section 5: Providing your personal data to others
Article 13(1)(e) of the GDPR requires that where personal data are collected from
the data subject, the data controller must provide the data subject with information
about “the recipients or categories of recipients of the personal data”.
Equivalent rules for data collected from someone other than the data subject are in
Article 14(1)(e).
Although the GDPR refers to “categories of recipients”, the guidance from the
European Data Protection Board on this subject states:
“The term ‘recipient’ is defined in Article 4.9 as ‘a natural or legal person, public
authority, agency or another body, to which the personal data are disclosed,
whether a third party or not’ [emphasis added]. As such, a recipient does not have
to be a third party. Therefore, other data controllers, joint controllers and
processors to whom data is transferred or disclosed are covered by the term
‘recipient’ and information on such recipients should be provided in addition to
information on third party recipients. The actual (named) recipients of the personal
data, or the categories of recipients, must be provided. In accordance with the
principle of fairness, controllers must provide information on the recipients that is
most meaningful for data subjects. In practice, this will generally be the named
recipients, so that data subjects know exactly who has their personal data. If
controllers opt to provide the categories of recipients, the information should be as
specific as possible by indicating the type of recipient (i.e. by reference to the
activities it carries out), the industry, sector and sub-sector and the location of the
recipients.”
• Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-13-gdpr/
• Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-14-gdpr/
• Guidelines on transparency under Regulation 2016/679, European Data
Protection Board – https://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=622227
Section 6: International transfers of your personal data
Optional element.
Article 13(1)(f) of the GDPR requires that data controllers disclose to data subjects
“where applicable, the fact that the controller intends to transfer personal data to 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 [transfers subject to appropriate safeguards] or 47 [binding corporate
rules], or the second subparagraph of Article 49(1) [limited transfers for compelling
legitimate interests], reference to the appropriate or suitable safeguards and the
means by which to obtain a copy of them or where they have been made
available”.
The European Data Protection Board guidance on this issue states:
“The relevant GDPR article permitting the transfer and the corresponding
mechanism … should be specified. Information on where and how the relevant
document may be accessed or obtained should also be provided e.g. by providing a
link to the mechanism used. In accordance with the principle of fairness, the
information provided on transfers to third countries should be as meaningful as
possible to data subjects; this will generally mean that the third countries be
named.”
• Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-13-gdpr/
• Guidelines on transparency under Regulation 2016/679, European Data
Protection Board – https://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=622227
Section 7: Retaining and deleting personal data
Article 5(1)(e) of the GDPR sets out the storage limitation, one of the fundamental
rules of the regime:
“Personal data shall be: … kept in a form which permits identification of data
subjects for no longer than is necessary for the purposes for which the personal
data are processed; personal data may be stored for longer periods insofar as the
personal data will be processed solely for archiving purposes in the public interest,
scientific or historical research purposes or statistical purposes in accordance with
Article 89(1) subject to implementation of the appropriate technical and
organisational measures required by this Regulation in order to safeguard the rights
and freedoms of the data subject … “.
Article 13(2) of the GDPR provides, in relation to personal data collected from the
data subject, that:
“… the controller shall, at the time when personal data are obtained, provide the
data subject with the following further information necessary to ensure fair and
transparent processing: (a) the period for which the personal data will be stored, or
if that is not possible, the criteria used to determine that period …”.
Article 14(2) of the GDPR makes similar provision in relation to personal data that
is not collected from the data subject.
The European Data Protection Board guidance on this issue states:
“This is linked to the data minimisation requirement in Article 5.1(c) and storage
limitation requirement in Article 5.1(e). The storage period (or criteria to determine
it) may be dictated by factors such as statutory requirements or industry guidelines
but should be phrased in a way that allows the data subject to assess, on the basis
of his or her own situation, what the retention period will be for specific data /
purposes. It is not sufficient for the data controller to generically state that personal
data will be kept as long as necessary for the legitimate purposes of the processing.
Where relevant, the different storage periods should be stipulated for different
categories of personal data and/or different processing purposes, including where
appropriate, archiving periods.”
• Article 5, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-5-gdpr/
• Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-13-gdpr/
• Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-14-gdpr/
• Guidelines on transparency under Regulation 2016/679, European Data
Protection Board – https://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=622227
Section 8: Your rights
Article 13(2) of the GDPR provides that, where personal data is collected from a
data subject, certain information about data subject rights must be provided:
“In addition to the information referred to in paragraph 1, the controller shall, at
the time when personal data are obtained, provide the data subject with the
following further information necessary to ensure fair and transparent
processing: … (b) 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 or to object to processing as well as the right to data portability;
(c) where the 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; …”.
Similar provisions are set out in Article 14 in relation to personal data which is not
collected from the relevant data subject.
The European Data Protection Board guidance on this issue states:
“This information should be specific to the processing scenario and include a
summary of what the right involves and how the data subject can take steps to
exercise it and any limitations on the right … . In particular, the right to object to
processing must be explicitly brought to the data subject’s attention at the latest at
the time of first communication with the data subject and must be presented clearly
and separately from any other information.”
• Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-13-gdpr/
• Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-14-gdpr/
• Guidelines on transparency under Regulation 2016/679, European Data
Protection Board – https://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=622227
Section 9: About cookies
Optional element.
Under EU law, there are two additional requirements in relation to the use of
cookies and similar technologies, which apply over-and-above the rules regulating
the processing of personal data: a consent requirement and an information
disclosure requirement. The provisions of this document relating to cookies are
designed to aid compliance with the information disclosure requirement.
This requirement derives from Article 5(3) of Directive 2002/58/EC of the European
Parliament and of the Council of 12 July 2002 concerning the processing of personal
data and the protection of privacy in the electronic communications sector
(Directive on privacy and electronic communications), which provides that:
“Member States shall ensure that the use of electronic communications networks to
store information or to gain access to information stored in the terminal equipment
of a subscriber or user is only allowed on condition that the subscriber or user
concerned is provided with clear and comprehensive information in accordance with
Directive 95/46/EC, inter alia about the purposes of the processing, and is offered
the right to refuse such processing by the data controller. This shall not prevent any
technical storage or access for the sole purpose of carrying out or facilitating the
transmission of a communication over an electronic communications network, or as
strictly necessary in order to provide an information society service explicitly
requested by the subscriber or user.”
The requirement was implemented in the UK in the Privacy and Electronic
Communications (EC Directive) Regulations 2003. In its current (amended) form,
Regulation 6 states:
“(1) Subject to paragraph (4), a person shall not store or gain access to information
stored, in the terminal equipment of a subscriber or user unless the requirements
of paragraph (2) are met.
(2) The requirements are that the subscriber or user of that terminal equipment –
(a) is provided with clear and comprehensive information about the purposes of the
storage of, or access to, that information; and (b) has given his or her consent.
(3) Where an electronic communications network is used by the same person to
store or access information in the terminal equipment of a subscriber or user on
more than one occasion, it is sufficient for the purposes of this regulation that the
requirements of paragraph (2) are met in respect of the initial use.
(3A) For the purposes of paragraph (2), consent may be signified by a subscriber
who amends or sets controls on the internet browser which the subscriber uses or
by using another application or programme to signify consent.
(4) Paragraph (1) shall not apply to the technical storage of, or access to,
information – (a) for the sole purpose of carrying out the transmission of a
communication over an electronic communications network; or (b) where such
storage or access is strictly necessary for the provision of an information society
service requested by the subscriber or user.”
In their original form, these Regulations can be found on the legislation.gov.uk
website.
• Directive 2002/58/EC (Directive on privacy and electronic communications)
– https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?
uri=CELEX:32002L0058&from=EN
• Privacy and Electronic Communications (EC Directive) Regulations 2003
(original form) – http://www.legislation.gov.uk/uksi/2003/2426/made
Section 14: Our details
The provisions here reflect a mixture of EU law and UK law requirements relating to
contact information.
All services covered by the Ecommerce Directive (which was implemented in the UK
through the Electronic Commerce (EC Directive) Regulations 2002) must provide a
name, a geographic address (not a P.O. Box number) and an email address.
Under distinct UK legislation, UK companies must provide their corporate names,
their registration numbers, their place of registration and their registered office
address on their websites (although not necessarily in this document). Sole traders
and partnerships that carry on a business in the UK under a “business name” (i.e. a
name which is not the name of the trader/names of the partners or certain other
specified classes of name) must also make certain additional disclosures: (a) in the
case of a sole trader, the individual’s name; (b) in the case of a partnership, the
name of each member of the partnership; and (c) in either case, in relation to each
person named, an address in the UK at which service of any document relating in
any way to the business will be effective. All operators covered by the Provision of
Services Regulations 2009 must also provide a telephone number.
• Electronic Commerce (EC Directive) Regulations 2002 (original version) –
https://www.legislation.gov.uk/uksi/2002/2013/made
• Provision of Services Regulations 2009 – https://www.legislation.gov.uk/
uksi/2009/2999
• Directive 2000/31/EC (Directive on electronic commerce) – https://eurlex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32000L0031
Section 14.1
• What is the name of the company, partnership, individual or other legal
person or entity that owns and operates the website?
Section 14.2
• In what jurisdiction is the company registered?
• What is the company’s registration number or equivalent?
• Where is the company’s registered address?
Section 14.3
• Where is the relevant person’s head office or principal place of business?
Section 14.4
• By what means may the relevant person be contacted?
• Where is the relevant person’s postal address published?
• Either specify a telephone number or give details of where the relevant
number may be found.
• Either specify an email address or give details of where the relevant email
address may be found.
Section 15: Representatives
Article 3(2) of the GDPR provides that:
“This Regulation applies to the processing of personal data of data subjects who are
in the Union by a controller or processor not established in the Union, where the
processing activities are related to: (a) the offering of goods or services,
irrespective of whether a payment of the data subject is required, to such data
subjects in the Union; or (b) the monitoring of their behaviour as far as their
behaviour takes place within the Union.”
Article 27(1) of the GDPR provides that:
“Where Article 3(2) applies, the controller or the processor shall designate in
writing a representative in the Union.”
There are however some exceptions here. Article 27(2) of the GDPR provides that:
“The obligation laid down in paragraph 1 of this Article shall not apply to: (a)
processing which is occasional, does not include, on a large scale, processing of
special categories of data as referred to in Article 9(1) or processing of personal
data relating to criminal convictions and offences referred to in Article 10, and is
unlikely to result in a risk to the rights and freedoms of natural persons, taking into
account the nature, context, scope and purposes of the processing; or (b) a public
authority or body.”
Where a representative has been appointed, Article 13(1)(a) of the GDPR provides
that:
“Where personal data relating to a data subject are collected from the data subject,
the controller shall, at the time when personal data are obtained, provide the data
subject with all of the following information: (a) the identity and the contact details
of the controller and, where applicable, of the controller’s representative”.
• Article 3, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-3-gdpr
• Article 27, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-27-gdpr
• Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-13-gdpr/
Section 15.2
Section 16: Data protection officer
Section 16.1
Some data controllers and data processors will have an obligation to appoint a data
protection officer (DPO). The basic obligation is set out in Article 37(1) of the
GDPR:
“The controller and the processor shall designate a data protection officer in any
case where: (a) the processing is carried out by a public authority or body, except
for courts acting in their judicial capacity; (b) the core activities of the controller or
the processor consist of processing operations which, by virtue of their nature, their
scope and/or their purposes, require regular and systematic monitoring of data
subjects on a large scale; or (c) the core activities of the controller or the processor
consist of processing on a large scale of special categories of data pursuant to
Article 9 and personal data relating to criminal convictions and offences referred to
in Article 10.”
Article 13(1) of the GDPR provides that:
“Where personal data relating to a data subject are collected from the data subject,
the controller shall, at the time when personal data are obtained, provide the data
subject with all of the following information … (b) the contact details of the data
protection officer, where applicable”.
See also Article 14(1)(b).
• Insert contact details of the appointed data protection officer (if any).
• Article 37, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-37-gdpr
• Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-13-gdpr/
• Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) –
https://gdpr-info.eu/art-14-gdpr/