Transparent communication under Article 12 of the GDPR: Advocating a standardised approach for universal understandability

Gupta, Indranath and Naithani, Paarth (2022) Transparent communication under Article 12 of the GDPR: Advocating a standardised approach for universal understandability. Journal of Data Protection and Privacy, 5 (2). pp. 149-161. ISSN 2398-1687

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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.

Item Type: Article
Keywords: Transparency | Intelligible | Clear and plain language | Standardised approach | GDPR
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 06 Sep 2022 07:40
Last Modified: 06 Sep 2022 07:40
Official URL: https://www.ingentaconnect.com/content/hsp/jdpp/20...
URI: https://pure.jgu.edu.in/id/eprint/4366

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