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

Author

Listed:
  • Gupta, Indranath

    (O.P. Jindal Global University, Jindal Global Law School, India)

  • Naithani, Paarth

    (O.P. Jindal Global University, Jindal Global Law School, India)

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.

Suggested Citation

  • Gupta, Indranath & Naithani, Paarth, 2022. "Transparent communication under Article 12 of the GDPR: Advocating a standardised approach for universal understandability," Journal of Data Protection & Privacy, Henry Stewart Publications, vol. 5(2), pages 149-161, August.
    • Handle: RePEc:aza:jdpp00:y:2022:v:5:i:2:p:149-161
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    More about this item

    Keywords

    transparency; intelligible; clear and plain language; standardised approach; GDPR;
    All these keywords.

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law

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