Data Protection: § 1 Information on the Collection of Personal Data

A comprehensive guide to the information obligations under the GDPR

Basics

Why is information so important in data collection?

The General Data Protection Regulation (GDPR) protects the fundamental rights of natural persons and ensures that data subjects retain control over their personal data.

Transparency

Creates trust and legal certainty

Obligation

Legally required under Article 13 GDPR

Definition

What does “collection of personal data” mean?

Active collection

Collection means the targeted gathering of data directly from the data subject

Practical examples

Completing forms, giving personal details in conversation, or at the time of concluding a contract

No collection

In the case of incidental awareness or unwanted contact, there is no collection

Accountability

Who must inform? The controller

The controller

The company or organisation that collects and processes data bears the main responsibility for the duty to inform.

Timing of the information

The information must be provided exactly at the time of data collection – not later, and not incompletely.

Other parties

The data protection officer and, where applicable, a representative of the controller must also be clearly named.

Art. 13 GDPR

Mandatory information when providing notice

The GDPR defines exactly which information must be provided to data subjects:

01

Identity

Name and contact details of the controller and, where applicable, the data protection officer

02

Purpose and basis

Purpose of the data processing and the legal basis on which it is grounded

03

Recipients

Recipients or categories of recipients of the personal data

04

Third countries

Planned data transfers to third countries and the safeguards provided

Further important information for data subjects

Retention period

Data subjects must be informed about the planned retention period or the criteria used to determine this period.

Data subject rights

Right to access, rectification, erasure, restriction of processing, objection and data portability.

Right to withdraw consent

The right to withdraw consent given must be clearly communicated and can be exercised at any time.

Right to complain

Data subjects have the right to lodge a complaint with a data protection supervisory authority.

Special Notes

Additional Information Obligations when Collecting Data

Legal Requirement

Information on whether providing the data is required by law or contract, or is necessary for entering into a contract.

Consequences of Not Providing the Data

Clear explanation of the possible consequences if the data subject does not provide the data.

Automated Decisions

In the case of automated decision-making and profiling: explanation of the logic, as well as the significance and implications.

Practical example

Online shop: How transparent information works

1

Data entry

Customer enters name, address and payment details for the order

2

Transparent information

Shop clearly informs about purpose (order processing), storage period and all data subject rights

3

Contact details

Data protection officer is named with full contact details

4

Withdrawal notice

Explicit notice of the right to withdraw at any time when signing up for the newsletter

Consequences

What happens if it is not followed?

Massive fines

Up to 20 million euros or 4% of global annual turnover – whichever is higher.

Reputational damage

Significant loss of trust among customers and lasting damage to the company’s image.

Legal risks

Complaints to supervisory authorities, claims by affected individuals and further legal consequences.

Conclusion: Transparency is the key to data protection

Legal obligation

Providing information when collecting data is not optional – it is both a legal obligation and a basis for trust

Clear communication

Clear, transparent communication protects both individuals and organisations from risk

Competitive advantage

Use data protection as an opportunity – inform your customers thoroughly and win their trust!


Task: Create a complete, well-structured privacy policy page for the website “DARYA SAFAI”. The page must be GDPR-compliant, clearly understandable, professional, trustworthy, and written in a friendly tone. The page should be divided into 10 sections, based on the following categories:

  1. Scope & overview – Explain for whom and when this privacy policy applies.
  1. Data collection & use – Which personal data is collected, for what purpose, and on what legal basis.
  1. Cookies & tracking – Essential cookies, statistics cookies, marketing cookies; purpose and use.
  1. Users’ rights – Access, rectification, erasure, objection, data portability, including simple explanations.
  1. Withdrawal & objection – How users can withdraw consent or object to processing.
  1. Social media & plug-ins – Data transfer via Facebook, Instagram, X, LinkedIn or other embedded services.
  1. Multimedia content – Embedding YouTube videos, Google Maps or other external media; how data is processed.
  1. Additional functions & offers – Newsletter, contact forms, comments; which data is collected.
  1. Security & responsibility – Technical and organisational measures, liability, copyright.
  1. Accessibility & external links – How the privacy policy can be accessed at any time and notes on external links.

Tone & style:

  • Trustworthy, serious, professional
  • Transparent and easy to understand
  • Friendly and service-oriented, without legal overwhelm
  • Clear headings and subheadings

Result: A finished, easy-to-read text that can be published directly on the privacy policy page, including all important legal notices and user information.