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ARTICLE · 10 APRIL 2018

Privacy Notices In The GDPR

Stefanelli & Stefanelli Studio Legale
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Informing the data subject of who and how his/her data are processed, is part of the broader right to self-determination of the data subject.

ItalyPrivacy
Silvia Stefanelli
Silvia Stefanelli

Legal References

Regulation EU 2016/679: art. 6

Recitals 42-50

Overview

Informing the data subject of who and how his/her data are processed, is part of the broader right to self-determination of the data subject.

The underlying idea is that our data belong to us because they represent our digital identity: so we have the full right to decide on them (just as we have the right to decide about our physical body - Article 5 Civil Code). This concept is well expressed in Recital 7 of the new Regulation when "data control" is mentioned.

TYPES OF PRIVACY NOTICES

The new Regulation regulates two types of privacy notice:

  • direct privacy notice: when the data subject provides the data

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