Why Your Organization Needs a Privacy Notice?

Roshni Khatri

27th May'22

Your organization must create a privacy notice and circulate it as well. Transparency and informing the public about their data are the prime goals of GDPR. The EU General Data Protection Regulation (GDPR) is a step toward providing more control over how their data can be used by organizations. Thus if your organization handles the personal information of people in the EU, then you have to follow the rules of GDPR, irrespective of the fact where you are in the world. With this you should also know about legal advice for entrepreneurs to establish the business properly. 

This privacy notice is important to keep customers aware of the collected data. We have brought the information from the EU’s guidelines to assist in comprehending the components of an effective privacy notification.

 

What is a Privacy Notice?

A privacy notice is a public document from a company that explains how the organization processes personal data and the mechanisms to apply the data protection principles. In short, if you are currently acquiring or collecting information from anyone, you must give them a privacy notice.

 

Privacy Notice

 

Here you have to keep in mind that the term Privacy Notice and privacy policy are not similar terms. The guidelines explained in the GDPR article apply to any public document in which your company describes the data processing activities to customers and the public. 

As per the GDPR, your company must provide privacy notice that is:

  • Concise, transparent, intelligible and quickly accessible

  • Written in clear language, particularly for any information that addresses a child.

  • Delivered by time

  • Provide free of charge

Thus the GDPR stipulates the information that an organization must share in the privacy notice. There should be a description of whether an organization collects the data directly from the individual or receives it from any third party. 

If your company collecting the information from any individual directly then it must include:

  • Identity and contact details of the organization, its representatives and the Data protection officer

  • The purpose of any organization is to process an individual personal data 

  • The legitimate interest of the Company

  • Details about the transfer of individual data or personal data to a third country and safeguards

  • Right to withdraw consent at any time 

  • Right to complain about supervisory authority

  • Existence of an automated decision-making system including profiling and information about how this system has been set up

  • Whether the provision of personal data is part of a contractual requirement or obligation and the possible consequences of failing to provide the personal data

  • Usually, the privacy notice is provided in writing and, where appropriate, electronically. It is required for every company to maintain a website and publish their privacy notice there under the title “privacy policy”. If a website collects personal data then a privacy notice should be provided on the same page where the collected data occurs.

 

Privacy Notice

 

Privacy Notice Vs. Privacy Policy

Due to similar words, many people get confused about both terms. Privacy notices are publically accessible documents produced for data subjects. On the other hand, the privacy policies are internal documents that explain the responsibilities of employees for ensuring GDR compliance. 

Recommended: What should be the new corporate governance?

 

Data Subjects Rights

The GDPR has made eight data subjects Rights:

  • Right to be Informed: this right reflects that the organization must reveal some facts such as what data is being collected, how it is going to be used, how long it will be kept and whether it would be shared with any third party or not.

  • Right of Access: individuals have the right to ask for a copy of the information that is being taken by them.

  • Right of Rectification: individuals have the right to correct the incomplete data.

  • Right to be forgotten: in some circumstances, the individuals can ask for the data organization to hold on them to be erased from their records.

  • Right of Portability: individuals can request the organization to transfer any data to another company.

  • Right to Restrict Processing: individuals can request that an organization limits the way it uses personal data.

  • Right to Object: individuals have the right to challenge certain types of processing such as direct marketing.

  • Rights related to automated decisions making including profiling: individuals can request to have an outlook or review of automated processes if they believe that rules are not being followed.

As a result, you must ensure that individuals have access to the data, may change it, and can exercise their rights.

 

:Privacy Notice

 

How Can a Privacy Notice Be Provided?

A privacy notice can be provided orally, in person, over the phone, in writing, through signs, posters or online. The guidelines note that initial notice should be provided in the same manner as the data is collected. Although taking the data personally or straightforward is more comfortable than taking over the phone. 

You can supply the phone numbers over the phone so that they can be called back. If it is on the website, it would simply state please provide your phone number. If more data is gathered or information is shared, you should let them know where they may access the complete privacy notice or offer to send the link when you return the call. If you are following the post or email then you can use the fuller notice. This GDPR is trying to ensure that marketers collect phone numbers and store them in their databases. 

 

When The Privacy Notice is Not Required ?

In certain conditions, the privacy notice is not required, which are as follows :

  • When the data subject has already information provided in the privacy note.

  • It would be impossible to provide such information

  • The organization legally obliged to obtain information

  • The personal information or data must remain confidential, subject to an obligation of professional secrecy.

 

Conclusion

GDPR privacy notice is an important method to help your customers make the decisions about the data you collect. We have brought some important laws and information about privacy notices and their components. Thus privacy notice explains the organization processes personal data and the ways to apply data protection principles. 

 

We at OpenGrowth, are committed to keeping you updated with the best content on the latest trendy topics from any major field. Also, both your feedback and suggestions are valuable to us. Do share them in the comment section below.

A keen observer, who loves to spend time with nature. A fun loving person, enjoys to explore the new aspects of life. Passionate about reading and learning new things. Roshni is dedicated towards her work and has worked in different professions.

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