Privacy/Cookie Policy

Section 1: Introduction

These introductory provisions may be used to draw individuals’ attention to some of the key issues addressed in the document.

Section 1.1

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Section 1.2

“Personal data” is defined in Article 4(1) of the GDPR:

“‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

Section 1.3

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Section 1.4

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The inclusion of this statement in your privacy policy will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as regards consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner’s website.

Cookies and similar technologies, Guide to PECR, UK Information Commissioner’s Office – https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies/

Section 1.5

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Section 2: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 3: The personal data that we collect

The GDPR requires that controllers disclose to data subjects certain information about the personal data that they collect, in particular where the data does not come direct from the data subject.

These provisions are designed to help with this requirement, and also to help you to categorise the personal data collected in a way that makes it easy to differentiate between types of personal data elsewhere in the document.

As you will see, there is quite a lot of overlap between the different categories that we suggest. For example, individual names could fall into several different categories. In editing these provisions, you should retain those categories of data that most closely reflect the organisation of data in your business, delete the others, and add new categories as necessary.

Turning to the legislative provisions, Article 14(1) of the GDPR provides that:

“Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: … (d) the categories of personal data concerned …”.

Article 14(2) of the GDPR, which also applies in the case that the personal data have not been obtained from the data subject, provides that:

“In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: … (f) from which source the personal data originate, and if applicable, whether it came from publicly accessible sources … “.

As regards the identification of the source of personal data in the case that the personal data is not obtained from the data subject, the guidance from the European Data Protection Board states that:

“The specific source of the data should be provided unless it is not possible to do so … . If the specific source is not named then information provided should include: the nature of the sources (i.e. publicly / privately held sources) and the types of organisation / industry / sector.”

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/
Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/
Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 3.2

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Section 3.3

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Section 3.4

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Section 3.5

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Section 3.6

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Section 3.7

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Use this form of provision to identify other categories of personal data that may be processed.

Section 4: Purposes of processing and legal bases

The GDPR requires that controllers disclose to data subjects detailed information about the purposes and legal bases of their processing of personal data.

We have suggested some typical purposes here, but you may need to remove some of the suggested ones and add your own. Equally, while we have suggested some possible legal bases of processing in relation to each identified purpose or set of purposes, the most appropriate legal basis will depend upon your specific circumstances.

The relevant requirements are set out in Articles 13 and 14 of the GDPR.

Article 13(1) of the GDPR provides that:

“Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party”.

Article 14(1) of the GDPR provides that:

“Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing …”.

Article 14(2) of the GDPR, which also applies in the case that the personal data have not been obtained from the data subject, provides that:

“In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject: … (b) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party … “.

Article 6(1)(f) of the GDPR, which is referred to in Articles 13 and 14, provides that:

“(1) Processing shall be lawful only if and to the extent that at least one of the following applies: … (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”

The UK Information Commissioner’s Office website provides useful guidance in relation to the selection of the legal bases for processing.

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/
Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/
Article 6, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-6-gdpr/
Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227
Lawful basis of processing, Guide to the GDPR, UK Information Commissioner’s Office – https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/

Section 4.2

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Section 4.3

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Section 4.4

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Section 4.5

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Section 4.6

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Section 4.7

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Section 4.8

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Section 4.9

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Section 4.10

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Section 4.11

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Section 5: Providing your personal data to others

Article 13(1)(e) of the GDPR requires that where personal data are collected from the data subject, the data controller must provide the data subject with information about “the recipients or categories of recipients of the personal data”.

Equivalent rules for data collected from someone other than the data subject are in Article 14(1)(e).

Although the GDPR refers to “categories of recipients”, the guidance from the European Data Protection Board on this subject states:

“The term ‘recipient’ is defined in Article 4.9 as ‘a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not’ [emphasis added]. As such, a recipient does not have to be a third party. Therefore, other data controllers, joint controllers and processors to whom data is transferred or disclosed are covered by the term ‘recipient’ and information on such recipients should be provided in addition to information on third party recipients. The actual (named) recipients of the personal data, or the categories of recipients, must be provided. In accordance with the principle of fairness, controllers must provide information on the recipients that is most meaningful for data subjects. In practice, this will generally be the named recipients, so that data subjects know exactly who has their personal data. If controllers opt to provide the categories of recipients, the information should be as specific as possible by indicating the type of recipient (i.e. by reference to the activities it carries out), the industry, sector and sub-sector and the location of the recipients.”

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/
Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/
Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 5.1

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Section 5.2

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Section 5.3

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Section 5.4

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Section 6: International transfers of your personal data

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Article 13(1)(f) of the GDPR requires that data controllers disclose to data subjects “where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 [transfers subject to appropriate safeguards] or 47 [binding corporate rules], or the second subparagraph of Article 49(1) [limited transfers for compelling legitimate interests], reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available”.

The European Data Protection Board guidance on this issue states:

“The relevant GDPR article permitting the transfer and the corresponding mechanism … should be specified. Information on where and how the relevant document may be accessed or obtained should also be provided e.g. by providing a link to the mechanism used. In accordance with the principle of fairness, the information provided on transfers to third countries should be as meaningful as possible to data subjects; this will generally mean that the third countries be named.”

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/
Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 6.1

If the data controller is outside the United Kingdom and within the EEA, consider removing the reference to the United Kingdom from this provision.

Section 6.2

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Section 6.3

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Section 6.4

Optional element. Will users have the opportunity to publish personal information on the website?

Section 7: Retaining and deleting personal data

Article 5(1)(e) of the GDPR sets out the storage limitation, one of the fundamental rules of the regime:

“Personal data shall be: … kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject … “.

Article 13(2) of the GDPR provides, in relation to personal data collected from the data subject, that:

“… the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: (a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period …”.

Article 14(2) of the GDPR makes similar provision in relation to personal data that is not collected from the data subject.

The European Data Protection Board guidance on this issue states:

“This is linked to the data minimisation requirement in Article 5.1(c) and storage limitation requirement in Article 5.1(e). The storage period (or criteria to determine it) may be dictated by factors such as statutory requirements or industry guidelines but should be phrased in a way that allows the data subject to assess, on the basis of his or her own situation, what the retention period will be for specific data / purposes. It is not sufficient for the data controller to generically state that personal data will be kept as long as necessary for the legitimate purposes of the processing. Where relevant, the different storage periods should be stipulated for different categories of personal data and/or different processing purposes, including where appropriate, archiving periods.”

Article 5, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-5-gdpr/
Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/
Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/
Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 7.3

Section 8: Your rights

Article 13(2) of the GDPR provides that, where personal data is collected from a data subject, certain information about data subject rights must be provided:

“In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: … (b) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability; (c) where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; …”.

Similar provisions are set out in Article 14 in relation to personal data which is not collected from the relevant data subject.

The European Data Protection Board guidance on this issue states:

“This information should be specific to the processing scenario and include a summary of what the right involves and how the data subject can take steps to exercise it and any limitations on the right … . In particular, the right to object to processing must be explicitly brought to the data subject’s attention at the latest at the time of first communication with the data subject and must be presented clearly and separately from any other information.”

Article 13, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-13-gdpr/
Article 14, Regulation (EU) 2016/679 (General Data Protection Regulation) – https://gdpr-info.eu/art-14-gdpr/
Guidelines on transparency under Regulation 2016/679, European Data Protection Board – https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227

Section 9: About cookies

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Under EU law, there are two additional requirements in relation to the use of cookies and similar technologies, which apply over-and-above the rules regulating the processing of personal data: a consent requirement and an information disclosure requirement. The provisions of this document relating to cookies are designed to aid compliance with the information disclosure requirement.

This requirement derives from Article 5(3) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), which provides that:

“Member States shall ensure that the use of electronic communications networks to store information or to gain access to information stored in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing, and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user.”

The requirement is implemented in the UK in the Privacy and Electronic Communications (EC Directive) Regulations 2003. In its current (amended) form, Regulation 6 states:

“(1) Subject to paragraph (4), a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.

(2) The requirements are that the subscriber or user of that terminal equipment – (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and (b) has given his or her consent.

(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.

(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.

(4) Paragraph (1) shall not apply to the technical storage of, or access to, information – (a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.”

In their original form, these Regulations can be found on the legislation.gov.uk website.

Directive 2002/58/EC (Directive on privacy and electronic communications) – https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32002L0058&from=EN
Privacy and Electronic Communications (EC Directive) Regulations 2003 (original form) – http://www.legislation.gov.uk/uksi/2003/2426/made

Section 9.2

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Section 9.3

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Section 10: Cookies that we use

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Section 11: Cookies used by our service providers

Does the website serve any third party cookies, analytics cookies or tracking cookies to users?

Section 11.2

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Section 11.3

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Section 12: Managing cookies

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Section 12.3

Optional element. Will the blocking of cookies have a negative effect upon the use of the website from a user perspective?

Section 13: Amendments

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Section 13.2

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Section 13.3

Optional element. Will you contact users to notify them of changes to this policy?

How will users be notified of changes to the document?

Section 14: Our details

UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document).

Sole traders and partnerships that carry on a business in the UK under a “business name” (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (a) in the case of a sole trader, the individual’s name; (b) in the case of a partnership, the name of each member of the partnership; and (c) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective.

All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a P.O. Box number) and an email address.

All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

Electronic Commerce (EC Directive) Regulations 2002 (original version) – https://www.legislation.gov.uk/uksi/2002/2013/made
Provision of Services Regulations 2009 – https://www.legislation.gov.uk/uksi/2009/2999

Section 14.1

What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 14.2

Optional element. Is the relevant person a company?

In what jurisdiction is the company registered?
What is the company’s registration number or equivalent?
Where is the company’s registered address?

Section 14.3

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Where is the relevant person’s head office or principal place of business?

Section 14.4

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By what means may the relevant person be contacted?
Where is the relevant person’s postal address published?
Either specify a telephone number or give details of where the relevant number may be found.
Either specify an email address or give details of where the relevant email address may be found.

Section 15: Data protection officer

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Section 15.1

Some data controllers and data processors will have an obligation to appoint a data protection officer (DPO). The basic obligation is set out in Article 37(1) of the GDPR:

“The controller and the processor shall designate a data protection officer in any case where: (a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (b) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or (c) the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10.”

Article 13(1) of the GDPR provides that: