(58) The principle of transparency requires that any information addressed to the public or to the data subject be concise, easily accessible and easy to understand, and that clear and plain language and, additionally, where appropriate, visualisation be used. Such information could be provided in electronic form, for example, when addressed to the public, through a website. This is of particular relevance in situations where the proliferation of actors and the technological complexity of practice make it difficult for the data subject to know and understand whether, by whom and for what purpose personal data relating to him or her are being collected, such as in the case of online advertising. Given that children merit specific protection, any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.
Article 12 GDPR. Transparent information, communication and modalities for the exercise of the rights of the data subject
1. The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.
2. The controller shall facilitate the exercise of data subject rights under Articles 15 to 22. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.
(59) Modalities should be provided for facilitating the exercise of the data subject's rights under this Regulation, including mechanisms to request and, if applicable, obtain, free of charge, in particular, access to and rectification or erasure of personal data and the exercise of the right to object. The controller should also provide means for requests to be made electronically, especially where personal data are processed by electronic means. The controller should be obliged to respond to requests from the data subject without undue delay and at the latest within one month and to give reasons where the controller does not intend to comply with any such requests.
3. The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
4. If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
5. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either:
(a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.
7. The information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. Where the icons are presented electronically they shall be machine-readable.
The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). Source: EUR-lex.
ISO/IEC 27701, adopted in 2019, added additional ISO/IEC 27002 guidance for PII controllers.
Here is the relevant paragraphs to article 12 GDPR:
7.3.3 Providing information to PII principals
Control
The organization should provide PII principals with clear and easily accessible information identifying the PII controller and describing the processing of their PII.
Implementation guidance
The organization should provide the information detailed in 7.3.2 to PII principals in a timely, concise, complete, transparent, intelligible and easily accessible form, using clear and plain language, as appropriate to the target audience.
Where appropriate, the information should be given at the time of PII collection. It should also be permanently accessible.
NOTE Icons and images can be helpful to the PII principal by giving a visual overview of the intended processing.
7.3.9 Handling requests
Control
The organization should define and document policies and procedures for handling and responding to legitimate requests from PII principals.
Implementation guidance
Legitimate requests can include requests for a copy of PII processed, or requests to lodge a complaint.
Some jurisdictions allow the organization to charge a fee in certain cases (e.g. excessive or repetitive requests).
Requests should be handled within the appropriate defined response times.
Some jurisdictions define response times, depending on the complexity and number of the requests, as well as requirements to inform PII principals of any delay. The appropriate response times should be defined in the privacy policy.
(58) The principle of transparency requires that any information addressed to the public or to the data subject be concise, easily accessible and easy to understand, and that clear and plain language and, additionally, where appropriate, visualisation be used. Such information could be provided in electronic form, for example, when addressed to the public, through a website. This is of particular relevance in situations where the proliferation of actors and the technological complexity of practice make it difficult for the data subject to know and understand whether, by whom and for what purpose personal data relating to him or her are being collected, such as in the case of online advertising. Given that children merit specific protection, any information and communication, where processing is addressed to a child, should be in such a clear and plain language that the child can easily understand.
(59) Modalities should be provided for facilitating the exercise of the data subject's rights under this Regulation, including mechanisms to request and, if applicable, obtain, free of charge, in particular, access to and rectification or erasure of personal data and the exercise of the right to object. The controller should also provide means for requests to be made electronically, especially where personal data are processed by electronic means. The controller should be obliged to respond to requests from the data subject without undue delay and at the latest within one month and to give reasons where the controller does not intend to comply with any such requests.
Document
Article 29 Working Party, Guidelines on Transparency Under Regulation 2016/679 (2018).
Case Law
CJEU, Smaranda Bara e.a./Președintele Casei Naționale de Asigurări de Sănătate, C-201/14 (2015).
ISO/IEC 27701, adopted in 2019, added additional ISO/IEC 27002 guidance for PII controllers.
Here is the relevant paragraph to article 12(2) GDPR:
7.3.1 Determining and fulfilling obligations to PII principals
Control
The organization should determine and document their legal, regulatory and business obligations to PII principals related to the processing of their PII and provide the means to meet these obligations.
Implementation guidance
Obligations to PII principals and the means to support them vary from one jurisdiction to another.
The organization should ensure that they provide the appropriate means to meet the obligations to PII principals in an accessible and timely manner. Clear documentation should be provided to the PII principal describing the extent to which the obligations to them are fulfilled and how, along with an up- to-date contact point where they can address their requests.
The contact point should be provided in a similar way to that used to collect PII and consent (e.g. if PII are collected by email or a website, the contact point should be by email or the website, not an alternative such as phone or fax).