Information Duties under the General Data Protection Regulation

The EU General Data Protection Regulation (GDPR) imposes a number of information duties onto data controllers. This book will try to analyse a number of frequently discussed legal questions surrounding the information duties under Articles 13 and 14 GDPR and provide recommendations on how these questions should be legally interpreted. The established methodology of legally interpreting a statute based on a grammatical, systematic, historical, and teleological analysis will be supplemented by effet utile considerations. To this end, the practical benefit of data protection information will be analysed based on website access numbers. The book will determine the ratio between the total numbers of visitors of a website in comparison to how often they visit the page that displays data protection information. This ratio can be used to argue against or in favour of information duties, since they reveal the importance such information commonly has for individuals. Based on this analysis, the work is also going to make suggestions regarding the imposition of administrative fines for failure to meet the information duties. It will compare this to the established case law in the field. It will try to provide recommendations for businesses on how to implement the information duties with a fair chance of avoiding high fines. It will also highlight where the legal interpretation leads to results that seem unjustified or that should - de lege ferenda - be refined in a future update of the GDPR.