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Version 0.5 (November 2017)

General Data Protection Regulation

Privacy Notice Generator

"The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14... in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child." - Article 12

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.

  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:

    1. charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or

    2. 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. Note: Standardized icon sets have not yet been published in accordance with Article 12. The icons used in this tool may be replaced with standardized icons once they are published.

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:

    1. the identity and the contact details of the controller and, where applicable, of the controller's representative;

    2. the contact details of the data protection officer, where applicable;

    3. the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;

    4. where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;

    5. the recipients or categories of recipients of the personal data, if any;

    6. 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:

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

    2. 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;

    3. 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;

    4. the right to lodge a complaint with a supervisory authority;

    5. 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;

    6. 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.

Information to be provided where personal data have not been obtained from the data subject

  1. Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information:

    1. the identity and the contact details of the controller and, where applicable, of the controller's representative;

    2. the contact details of the data protection officer, where applicable;

    3. the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;

    4. the categories of personal data concerned;

    5. the recipients or categories of recipients of the personal data, if any;

    6. where applicable, that the controller intends to transfer personal data to a recipient in 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 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 provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:

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

    2. where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;

    3. 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 and to object to processing as well as the right to data portability;

    4. where 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;

    5. the right to lodge a complaint with a supervisory authority;

    6. from which source the personal data originate, and if applicable, whether it came from publicly accessible sources;

    7. 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. The controller shall provide the information referred to in paragraphs 1 and 2:

    1. within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed;

    2. if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or

    3. if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.

  4. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, 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.

  5. Paragraphs 1 to 4 shall not apply where and insofar as:

    1. the data subject already has the information;

    2. the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available;

    3. obtaining or disclosure is expressly laid down by Union or Member State law to which the controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or

    4. where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy.

  1. This tool is designed to be used in consultation with legal counsel to build GDPR Article 13 & 14 compliant privacy notices. It is not mean to be used without the assistance of legal counsel as inaccurate use may adversely affect your legal rights and responsibilities.

  2. Complete the form on the left side of the screen. Your privacy notice will be generated on the right side of the screen as you complete the form.

  3. All sections should be completed. Incomplete sections will be identified as Section Incomplete

  4. Review the generated notice for accuracy and completeness. Edit the HTML to suit your website's design needs, but be aware of color contrast, accessibility and meeting Web Content Accessibility Guidelines.

  5. Place the html document and the js, css and graphics directories on your website.
    Best Practices: Use the date of the privacy notice in the name of the file to keep historical copies of your prior privacy statements.

  6. WARNING You must seek the advice of legal counsel before using the notice as it may affect your legal rights. This form is not meant to offer or provide any legal advice.

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Privacy Notice Code

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Article 13 (1)(a) & (b) Identity and Contact Details

and Article 14 (1)(a) & (b)

Controller
Representative in the EU

See Article 27 for obligations to appoint a representative.

Data Protection Officer

See Article 37 for obligations to appoint a data protection officer.

Article 13 (1)(c) Purpose

and Article 14 (1)(c)

What is the purpose for processing this personal data?





Add additional other purpose field

Article 13 (1)(c) & (d) Legal Basis

and Article 14 (1)(c) and (2)(b)

What is your legal basis [Article 6(1)] for processing this personal data?




Add additional other purpose field

Article 13 (1)(e) & (f) Sharing of personal data

and Article 14 (1)(e) & (f)

Who will personal data be shared with?

Add recipient of personal data

Select all countries, deemed adequate (under Article 45), to which personal data will be transferred










For countries not deemed adequate, select all safeguards under which personal data will be transferred




How may the data subject obtain a copy of the above safeguards?
Transfers under Article 49 subparagraph 2
Where a transfer could not be based on a provision in Article 45 or 46, including the provisions on binding corporate rules, and none of the derogations for a specific situation referred to in the first subparagraph of this paragraph is applicable, a transfer to a third country or an international organisation may take place only if the transfer is not repetitive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests pursued by the controller which are not overridden by the interests or rights and freedoms of the data subject, and the controller has assessed all the circumstances surrounding the data transfer and has on the basis of that assessment provided suitable safeguards with regard to the protection of personal data. The controller shall inform the supervisory authority of the transfer. The controller shall, in addition to providing the information referred to in Articles 13 and 14, inform the data subject of the transfer and on the compelling legitimate interests pursued.
Add additional other purpose field

Article 13 (2)(a) Retention

and Article 14 (2)(a)

Storage

Article 13 (2)(b) Access

and Article 14 (2)(c)

Inform the data subject of the right to request access, rectification or objection and the right to data portability

Article 13 (2)(c) Consent

and Article 14 (2)(d)

Inform the data subject of right to withdraw consent

Article 13 (2)(d) Complaints

and Article 14 (2)(e)

Inform the data subject of the right to lodge a complaint

Article 13 (2)(e) Required


Why is personal data required?


Article 13 (2)(f) Automated Decision Making

and Article 14 (2)(g)


Describe the automated decision making

Article 14 (2)(f) Sources of Personal Data


Article 14 concerns personal data not obtained from the data subject. Article 29 Working Party's Guidelines on the right to "data portability" has some potentially related guidance on this.
Select all sources of personal data












Add additional source

Article 14 (1)(d) Categories of Personal Data

What categories of personal data are collected?

Internal




External








Financial





Social







Tracking




Historical


Condense Privacy Notice

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Our Privacy Notice

Today

CONTROLLER

Our name and how to contact us

WHY

Why we collect or use your data

    BASIS

    Our collection and use of your data is lawful

      SHARE

      Where we send your data

      Your data is shared with:

        Your data is not shared by us with others.


        Some of your data may be sent outside the European Union and European Economic Area or to an international organization.

        Your data may be sent outside the European Union and European Economic Area in compliance with Article 49(1) paragraph 2 of the General Data Protection Regulation. Sharing your data, in this case, is needed to:

          KEEP

          How long we keep your data

          RIGHTS

          Your rights in your data

          You have the right to complain to an authority.

          REQUIRED

          Your data is necessary

          DECISIONS

          Some decisions are automatic

          SOURCES

          Where we get data about you

          SchoolsSchools

          EmployersEmployers

          FriendsFriends

          Electronic DevicesElectronic
          Devices

          Health Care ProvidersHealth Care Providers

          Insurance CompaniesInsurance
          Companies

          Financial InstitutionsFinancial
          Institutions

          Social NetworksSocial
          Networks

          Government RecordsGovernment
          Records

          Data BrokersData
          Brokers

          The Public InternetThe Public
          Internet

          Monitoring EquipmentMonitoring
          Equipment

            TYPES

            Types of data that we collect or use