TIE welcomes the opportunity to provide feedback on the Draft Guidelines on Transparency under Regulation 2016/679 (GDPR). Overall, TIE supports the principle based direction the WP29 has taken in developing the Guidelines. The document provides important direction on the issue of Transparency. However, there are several points that we would suggest could be usefully clarified. In particular:
Ensure a harmonised approach across the DSM to children and the GDPR
The section of the Transparency Guidelines on children provides useful guidance, in particular in relation to sites and services aimed at children. We suggest that additional EU level Guidelines on the application of the GDPR as a whole in the context of children (as per the recently published draft UK Guidance) are needed to increase harmonised application of the rules and to provide additional certainty for business operating in multiple markets.
We also think it is important to:
- Clarify that suggestions and recommendations are not obligations.
- Give better clarity on the level of information provided to children under age of digital consent
- Provide possibility of using language qualifiers
The full document can be downloaded here