Article 13 GDPR - Information to be provided where personal data are collected from the data subject

1. 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;

(b) the contact details of the data protection officer, where applicable;

(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;

(e) the recipients or categories of recipients of the personal data, if any;

(f) 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 or 47, or the second subparagraph of Article 49(1), 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.

2. 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:

(a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

(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;

(d) the right to lodge a complaint with a supervisory authority;

(e) whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;

(f) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

3. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.

4. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.

Relevant Recitals

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

At the time the data are obtained, paragraph 1 requires the controller to state its identity and contact details and those of any representative, the contact details of the data protection officer where applicable, the purposes and legal basis of the processing, the legitimate interests pursued where the processing rests on point (f) of Article 6(1), the recipients or categories of recipients, and the relevant information about any intended transfer to a third country or international organisation. The obligation attaches to the moment of collection, not to a later stage of the processing.

Paragraph 2 requires the information necessary to ensure fair and transparent processing, namely the storage period or the criteria determining it, the existence of the rights of access, rectification, erasure, restriction, objection and portability, the right to withdraw consent where processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the right to complain to a supervisory authority, whether providing the data is a statutory or contractual requirement and the consequences of failing to provide them, and the existence of automated decision-making under Article 22(1) and (4) with meaningful information about the logic involved and its significance and envisaged consequences.

Point (f) of Article 13(1) requires the controller to state the fact that it intends to transfer the data to a third country or international organisation and the existence or absence of a Commission adequacy decision. For transfers under Article 46 or 47 or the second subparagraph of Article 49(1), it must also refer to the appropriate or suitable safeguards and explain how to obtain a copy of them or where they have been made available.

Paragraph 3 obliges the controller to inform the data subject of the new purpose, together with any relevant further information under paragraph 2, before that further processing begins. The compatibility of the new purpose with the original one is assessed separately under Article 6(4).

Only one. Paragraph 4 disapplies the obligations where and insofar as the data subject already has the information, and unlike Article 14(5) there is no exemption for impossibility, disproportionate effort or professional secrecy, which reflects the fact that the controller is dealing with the data subject directly at the point of collection.