Chapter III · Section 2

Article 13. 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 the personal data are obtained, provide the data subject with the following information:

  1. a) the identity and the contact details of the controller and, where applicable, of the controller’s representative;
  2. b) the contact details of the data protection officer, where applicable;
  3. c) the purposes for which the personal data are processed as well as the legal basis for the processing;
  4. d) where the processing is based on art. 6(1)(f), the legitimate interests pursued by the controller or by a third party;
  5. e) the recipients or categories of recipients of the personal data;
  6. f) where applicable, the fact that the controller intends to transfer personal data to a recipient in another state or to an international organisation and the existence or absence of a decision of the Centre on the adequacy of the level of protection, or, in the case of transfers referred to in art. 46, 47 or art. 49(2), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them where they have been made available.

(2) In addition to the information referred to in paragraph (1), the controller shall, at the time when the personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing:

  1. a) the period for which the personal data will be stored or, if that is not possible, the criteria used to determine that period;
  2. b) the existence of the right to request from the controller access to and rectification or erasure of the personal data concerning the data subject or restriction of processing, or of the right to object to processing, as well as of the right to data portability;
  3. c) where the processing is based on art. 6(1)(a) or art. 9(2)(a), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
  4. d) the right to lodge a complaint with the Centre;
  5. e) whether the provision of personal data is a legal or contractual obligation or an obligation necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and the possible consequences of failure to comply with that obligation;
  6. f) the existence of automated decision-making, including profiling, referred to in art. 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 secondary purpose and with any relevant further information as referred to in paragraph (2).

(4) Paragraphs (1)–(3) shall not apply where and in so far as the data subject already has the information.

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