Disclosing personal information to third party ?

What are the Articles in GDPR related to disclosing information to third party ?

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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.

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