Konstantin Tiazhelnikov

Konstantin Tiazhelnikov

in Blog

A kind reminder from the Austrian Federal Administrative Court that failure to meet transparency obligations under Articles 13, 14 of the GDPR does not constitute unlawfulness of the data processing in the context of Article 5. 

This is a so-called "narrow concept" of lawfulness which is quite in line with EDPB Guidelines 05/2020 on consent (p. 72): "... valid “informed” consent can exist, even when not all elements of Articles 13 and/or 14 are mentioned in the process of obtaining consent...".

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