What are the Articles in GDPR related to disclosing information to third party ?
Alasdair Taylor's Answer
The Articles which apply will depend upon the circumstances of the disclosure. Relevant Articles may include the following:
- Articles 6 and 7 – The disclosure itself is an act of processing which must comply with the principles and needs a lawful basis.
- Articles 12 and 13 – Transparency requirements may apply in relation to the disclosure. How they apply depends upon the nature of the disclosure. See the EDPB guidance on transparency.
- Article 28 – Disclosures from controllers to processors, and from processors to sub-processors, will need Article 28 contractual clauses.
- Article 30 – Records of disclosures may need to be kept.
- Article 32 – Security requirements will apply to disclosures as to other acts of processing.
- Article 35 – Some disclosures should be subject to a DPIA.
- Articles 40 to 50 – These apply in the case of extra-EEA transfers.
In truth, this is not a question which can be helpfully answered in the abstract. To get a proper answer, you would need to know what data is being disclosed, to whom is it being disclosed, what are the roles of disclosor and disclosee, and much else besides.