Share these talks and lectures with your colleagues
Invite colleaguesPractice paper
Transparent communication under Article 12 of the GDPR: Advocating a standardised approach for universal understandability
Journal of Data Protection & Privacy,
5
(2),
149-161
(2022)
Abstract
This paper suggests the way forward for the transparency requirement under the GDPR for all data subjects in the context of two recent developments in 2021. The first was the decision of the Dutch DPA against TikTok, and the second was the release of the UK Children's Code by the ICO. The paper positions understanding of terms of use and privacy policy as an essential attribute in the overall intelligible, clear and plain language requirement under the GDPR. It indicates that a standardised approach can guarantee that data subjects understand the information data controllers share. This approach will have a script with standardised and universal tools. Such an approach would overcome the limitations of a particular language, including the variable perception of ‘privacy’ among individuals.
Keywords: transparency; intelligible; clear and plain language; standardised approach; GDPR
The full article is available to subscribers to the journal.
Author's Biography
Indranath Gupta is a professor of law at Jindal Global Law School and Dean of Research at O.P. Jindal Global University (JGU). He holds the Jean Monnet Chair in Multi-dimensional Approaches to the Understanding of the EU Data Protection Framework. He is Co-Director, Jindal Initiative on Research in IP and Competition (JIRICO) and a senior fellow at the Jindal Institute of Behavioural Sciences (JIBS). He holds a PhD from Brunel University, London, and two LLM degrees (taught and research) from the University of Aberdeen, UK, and the University of East Anglia, UK. He specialises in technology law and aspects of intellectual property law. He is working on externally funded projects, including a research project with researchers of Nanyang Technological University in Singapore on cases of copyright infringement on online platforms. Other projects include intermediary liability and free speech and FRAND licensing in the ICT sector.
Paarth Naithani is an academic tutor and Teaching & Research for Intellectual Pursuit (TRIP) Fellow at Jindal Global Law School, O.P. Jindal Global University (JGU) and Research Fellow with the Jean Monnet Chair in Multi-dimensional Approaches to the Understanding of the EU Data Protection Framework at JGU. Paarth holds an LLM in intellectual property and technology law from JGU. He has an academic interest in data protection law and technology law.
