User Data Deletion Request Form

How do you request data deletion by GDPR? The following questions must be able to be answered: Is Personal Data subject to processing? What is the purpose?

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Overview

The EU General Data Protection Regulation came into place in 2018. The regulation, which replaces the 1995 Data Protection Directive, makes changes to the way data is handled and processed in the EU. It is a legal framework that sets the exact guidelines for the collection and processing of personal information from any individuals who live in the EU. An important part of GDPR is Data processing and Data management, and how organizations deal with Data deletion.

How do you request data deletion by GDPR?

The following details about Data processing must be included:

  • the data subject matter and duration of the processing;
  • the nature of data and purpose of the processing;
  • Type of Personal Data and categories of the data subject, such as:
    • Personal Data in the controller’s databases
    • Printout of personal data
    • Electronic message with my personal data
    • View at the controller’s site
  • Data Controller's obligations and rights.

Regarding Data Processing, the following questions must be able to be answered:

  • Is Personal Data subject to processing?
  • What is the purpose of the Data processing?
  • Type of the processing (data, goal, report)
  • Are there decisions based solely on automatic processing?
This User Data Deletion Request Form should be considered in conjunction with GDPR Data Subject Access Request Procedure and is useful if you are implementing a solution on how to act on Data Deletion requests.

Why GDPR is important for companies outside the EU?

First of all, GDPR isn’t exclusively enforceable on EU-based companies. The regulation affects organizations both inside and outside of the European Union (EU). Any organization dealing with EU businesses, residents, or citizens’ data will have to comply with the GDPR! The regulations make it very clear that all organizations handling such data will be required to comply, regardless of location or jurisdiction.

Since the Regulation applies regardless of where the organization is based, you will also need to ensure your website is GDPR proof if that website attracts European visitors, even if you don't specifically market goods and/or services to EU citizens.

Articles 12, 13, and 14 of the GDPR provide detailed instructions on how to create a privacy notice, placing an emphasis on making them easy to understand and accessible. If you are collecting data directly from someone, you have to provide them with your privacy notice at the moment you do so.

Note that the terms “privacy notice” and “privacy policy” do not actually appear in the text of the GDPR and are essentially interchangeable. The guidelines explained in this article apply to any public documents in which your organization describes its data processing activities to customers and the public.

If an organization is collecting information from an individual directly, it must include the following information in its privacy notice, such as the identity and contact details of the organization, its representative, and its Data Protection Officer (DPO). According to the GDPR, organizations must provide people with a privacy notice that is:

  • In a concise, transparent, intelligible, and easily accessible form
  • Written in clear and plain language, particularly for any information addressed specifically to a child
  • Delivered in a timely manner
  • Provided free of charge
The GDPR also stipulates what information an organization must share in a privacy notice. There is a slight variation in requirements depending on whether an organization collects its data directly from an individual or receives it as a third party. Whether the provision of personal data is part of a statutory or contractual requirement or obligation and the possible consequences of failing to provide the personal data. Per Article 14(3), if you obtain personal data from a third party, you must communicate the above information to the data subject either: no later than one month after you have obtained the data, at the time you first communicate with the data subject, or before sharing the data with another organization.

Generally, a privacy notice will be provided in writing and, where appropriate, supplied electronically. Every organization that maintains a website should publish their privacy notice there, under the title “Privacy Policy,” and it should be accessible via a direct link from every web-page. If a website collects any personal data online, the privacy notice or a link to it should be provided on the same page where the data collection occurs. The GDPR also states that privacy notices must be available orally upon request to ensure comprehension and to aid the visually impaired.


GDPR privacy notice best practices

This kind of phrases are better when you want to comply with GDPR:

  • “We will retain your shopping history and use details of the products you have previously purchased to make suggestions to you for other products which we believe you will also be interested in” (it is clear that what types of data will be processed, that the data subject will be subject to targeted advertisements for products and that their data will be used to enable this)
  • “We will retain and evaluate information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive” (it is clear what type of data will be processed and the type of analysis which the controller is going to undertake)
  • “We will keep a record of the articles on our website that you have clicked on and use that information to target advertising on this website to you that is relevant to your interests, which we have identified based on articles you have read” (it is clear what the personalization entails and how the interests attributed to the data subject have been identified)

Download this User Data Deletion Request Form if your organization collects personal data directly from EU Citizens.

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Reviews

Judie Clayton - DEU

The document is really insightful

Hendrik Lam

Very useful document, thanks for the GDPR KIT!

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