Transparency, privacy policies and notices

The United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) provides various requirements concerning data transparency.

The terms ‘privacy policy’, ‘data protection policy’, ‘privacy notice’, ‘privacy statements’, ‘fair processing notices’ and ‘data protection notice’ are interchangeable.

For an introduction to the UK GDPR, see Practice Notes: Introduction to the EU GDPR and UK GDPR and The UK General Data Protection Regulation (UK GDPR).

This subtopic contains guidance:

  1. relating to privacy policies generally

  2. on the related topic of cookie policies

  3. relating to employment specific policies

Transparency and the role of privacy policies

Transparency is an overarching obligation under the UK GDPR

The concept is embodied in the lawfulness, fairness and transparency principle under Article 5(1)(a) of the UK GDPR, which requires personal data to be ‘processed lawfully, fairly and in a transparent manner in relation to the data subject’.

However,

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Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

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