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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The construction of jurisdiction clauses in the context of the Contracts (Rights of Third Parties) Act 1999 and the mechanisms of service(Campeau v Gottex Real Asset Fund 1 (OE) Waste S.À.R.L)

Dispute Resolution analysis: This case considers a jurisdictional clause in the context of service under CPR 6.33(2B)(b), which allows service out of the jurisdiction where the defendant is party to a jurisdiction clause. There is no corresponding requirement for the claimant to be a party to that jurisdiction clause. The starting point is that jurisdiction clauses are not generally intended to concern disputes with third parties. However, that is no more than a starting point and one which can be departed from in appropriate cases. This was one such appropriate case whereby the circumstances and construction of the clause led to the finding that it did include the third party claimant’s (Mr Campeau) claim. While not strictly necessary given the judge’s findings in relation to the construction of the clause, Mr Justice Butcher considered that, where a jurisdictional clause was wide enough to encompass disputes from third parties, then it will likely also amount to a ‘relevant term’ for the purposes of section 1(4) of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). That meant that the third party, in seeking to enforce their rights under the SPA, was statutorily obliged to do so in England and so could rely upon CPR 6.33 (2B) (b) in that respect also. Written by Georgia Whiting, legal counsel (contentious construction) at Capita.

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