Positionspapier Bitkom comments on WP29 on transparency

Bitkom welcomes the opportunity to comment on the Art. 29 Working Group’s (WP29) Draft Guidelines on Transparency under Regulation 2016/679 (WP 260). We believe that more cooperation and exchange between data protection authorities and practitioners is needed to translate the legal text of the GDPR into practice and reduce legal uncertainty. Bitkom is concerned that some of the interpretations of the WP29 are overly restrictive and go beyond what is required by the GDPR. Bitkom is convinced that the legislator has provided a comprehensive set of rules to ensure full transparency on the processing of personal data to the data subject. It should be reconsidered if it is appropriate and necessary to go beyond the transparency obligations set by the GDPR and introducing further obligations derived from principles like fairness or best practice. Bitkom also questions whether these further obligations will improve transparency to the data subject.