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.
Article 12 GDPR - Transparent information, communication and modalities for the exercise of the rights of the data subject
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.
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
(b) refuse to act on the request.
The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.
6. 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.
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.
8. 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.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Paragraph 1 requires that information under Articles 13 and 14 and communications under Articles 15 to 22 and 34 be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language, with particular care where the information is addressed to a child. It must be given in writing or by other means, including electronic means where appropriate, and may be given orally at the data subject's request provided the person's identity is proven by other means.
Under paragraph 3, information on action taken must be provided without undue delay and in any event within one month of receipt. That period may be extended by two further months where necessary in view of the complexity and number of requests, but the controller must inform the data subject of the extension and its reasons within the first month, and requests made by electronic means should be answered electronically where possible unless the data subject asks otherwise.
No, as a rule; paragraph 5 makes information and action under Articles 13, 14, 15 to 22 and 34 free of charge. Only where a request is manifestly unfounded or excessive, in particular because of its repetitive character, may the controller charge a reasonable fee based on administrative costs or refuse to act, and the controller bears the burden of demonstrating that character.
Paragraph 6 permits the controller, where it has reasonable doubts concerning the identity of the natural person making a request under Articles 15 to 21, to ask for additional information necessary to confirm the data subject's identity. This power operates without prejudice to Article 11, so it does not oblige a controller covered by that provision to acquire identifying data it does not hold.
Under paragraph 4 the controller must inform the data subject without delay, and at the latest within one month of receipt, of the reasons for not taking action and of the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy. Those avenues are elaborated in Articles 77 and 79.