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Praxikon

Article 12: Transparent information, communication and modalities for the exercise of the rights of the data subjectAI-relevant

Praxikon tracks Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject) under the GDPR, alongside the EU AI Act, citing the source for every statement.

Chapter IIIIn force since 25-05-2018

What does Article 12 govern?

Article 12 sets out how you communicate with data subjects about their data and their rights. The information under Articles 13 and 14 and any communication about the rights under Articles 15 to 22 and Article 34 must be concise, intelligible, easily accessible and written in clear and plain language, with particular care for information addressed to children (paragraph 1). The article also lays down the ground rules for handling requests: you facilitate the exercise of rights (paragraph 2), you respond within one month (paragraph 3), you explain why you do not act on a request (paragraph 4) and you do all this free of charge as a rule (paragraph 5). It exists because rights are only worth something when people understand them and can use them easily; recital 58 points to situations such as online advertising where it is hard for people to know who is using their data and for what, and recital 59 asks for practical arrangements so that requests can be made simply, preferably also electronically.

Key term: Transparency: information and replies to the data subject are concise, intelligible and in plain language, so that the data subject can actually use their rights

Directly affects:controllerdata subjectCommission

Praxikon’s reading of the text and the recitals; the official text below prevails.

Official text

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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.
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.
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.
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.
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 (b) refuse to act on the request. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.
Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15 to 21, the controller may request the provision of additional information necessary to confirm the identity of the data subject.
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 Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons. Section 2 Information and access to personal data

Source: EUR-Lex, Regulation (EU) 2016/679. Official text, reproduced without modification.

What does this mean for you?

Controller

You write privacy information and replies to requests so that a layperson understands them, and even more simply when the information is addressed to children (paragraph 1). You set up a procedure to receive requests under Articles 15 to 22, handle them within one month or extend by at most two further months while stating the reasons (paragraph 3), and when you refuse you give the reasons and point to the complaint with the supervisory authority and the judicial remedy (paragraph 4). If you charge a fee or refuse because a request is manifestly unfounded or excessive, you must be able to demonstrate that yourself (paragraph 5).

Data Subject

You can expect information and replies in clear language and, as a rule, free of charge (paragraphs 1 and 5). When you make a request, you hear within one month what has been done with it, or that the period is being extended by at most two further months (paragraph 3). The controller may ask you for additional information if it has reasonable doubts about your identity (paragraph 6).

Compliance checklist

Related recitals

(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, ...

(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 particula...

Cross-references

Art. 11: Processing which does not require identificationArt. 92: Exercise of the delegation

Frequently asked questions

← Art. 11: Processing which does not require identificationArt. 13: Information to be provided where personal data are collected from the data subject →

Connections

What connects to Article 12 GDPR

Themes where this returns

The counterpart in the other law

Case law

Guidelines

Enforcement and fines

Legislation in motion