The General Data Protection Regulation (GDPR) established a comprehensive framework for the protection of personal data within the European Union. While Article 13 focuses on information that must be provided when personal data is collected directly from the data subject, Article 14 addresses a slightly different but equally important situation: when personal data is not obtained directly from the individual.
In these cases, the controller must still inform the data subject about how and why their data is being processed. This ensures transparency and reinforces the core GDPR principles of fairness, accountability, and data subject rights. Article 14 applies to situations such as data purchased from third-party databases, data obtained through public records, or data transferred between business partners.
To better understand how Article 14 functions in practice, this article explores five detailed examples demonstrating how organizations should comply when collecting data indirectly. These scenarios show what information must be provided, when it should be communicated, and how transparency can be maintained in different sectors.
Example 1: Marketing Agency Purchasing a Third-Party Email List
A digital marketing agency purchases a database of email addresses from a data broker to promote a new fitness subscription service. The individuals whose emails are included in the list never interacted directly with the agency. In this situation, the agency becomes the data controller and is now obligated to comply with GDPR Article 14.
According to the regulation, the agency must inform each data subject about:
- The identity and contact details of the agency
- The purpose of processing (sending promotional emails)
- The legal basis for processing (e.g., legitimate interest or consent)
- The categories of personal data collected
- The source of the data (the data broker)
- The recipients or categories of recipients
- The retention period
- The rights of the data subject
- The right to lodge a complaint with a supervisory authority
This information must be provided within a reasonable period, usually no later than one month after acquiring the data, or at the time of the first communication if that happens earlier. For example, the first marketing email must clearly explain where the recipient’s information came from and how they can opt out or request deletion.
This scenario highlights the importance of not assuming compliance just because data was purchased legally. Controllers must ensure transparency regardless of the source.
Example 2: Credit Reference Agency Collecting Financial Data
A credit reference agency gathers financial data from various banks and financial institutions to create credit profiles for consumers. The individual consumer did not provide this information directly to the agency but to the bank that originally collected it.
Under Article 14, the credit agency must notify the data subject that their financial data is being processed. This includes informing them about:
- The agency’s identity and contact details
- The purpose of processing (credit scoring and risk assessment)
- The legitimate interests pursued
- The types of data processed (financial histories, loan records, repayment behavior)
- The data source (partner financial institutions)
- Information about automated decision-making if credit scoring algorithms are used
This notification must be provided at the latest when the data is first used to make a credit assessment decision or when it is disclosed to another party. Transparency is crucial in such cases because automated decisions can significantly affect individuals’ financial opportunities.
Failure to provide this information could lead to fines and loss of trust from consumers, especially when decisions impacting loans and mortgages are involved.
Example 3: HR Recruitment Platform Scraping Public Profiles
A recruitment platform collects candidate information by scraping professional profiles from public networking websites. The platform uses this data to match job seekers with potential employers and send job offers or opportunities.
Even though the data is publicly available, GDPR Article 14 still applies. The recruitment platform must inform individuals that their data has been collected and explain how it will be used.
The information provided should include:
- Identity of the recruitment company
- Purpose of data processing (job matching and recruitment services)
- Categories of data collected (education, work history, contact details)
- The source of the data (public online profiles)
- How long the data will be stored
- Rights to access, rectify, or erase the data
This notification must be delivered within one month of collecting the data or upon first contact with the job seeker. For example, when the platform sends an email inviting someone to apply for a job, it should include a comprehensive data processing notice with clear options to opt out.
This case shows that public availability does not eliminate the need for transparency and informed consent.
Example 4: E-commerce Platform Receiving Customer Data from Affiliate Partners
An online retailer collaborates with affiliate marketers who forward customer data after leads are generated through external landing pages. The customer believes they are interacting with the affiliate, but their data is subsequently shared with the retailer.
In this case, the retailer must comply with Article 14 by notifying the customers about:
- The retailer’s identity
- Why their data was transferred
- The categories of data received
- The affiliate as the source
- The purposes of processing (order fulfillment, marketing, analytics)
- Data retention policies
- Rights including objection and data portability
This transparency information should be provided during the first direct interaction with the customer, such as when sending order confirmation emails or newsletters.
Failure to clearly explain the affiliate-transfer process could be considered deceptive and non-compliant with GDPR transparency obligations. It also weakens customer trust and brand credibility.
Example 5: Insurance Company Using Data from Government Records
An insurance company accesses public government records to evaluate risk and offer tailored insurance plans. This may include property registration details, vehicle ownership, or court records, all obtained without direct interaction with the individual.
Even though the data is sourced from official public registers, GDPR Article 14 mandates that individuals must be informed if their data is used for processing. The insurance company must provide:
- Its identity and data protection officer contact
- The purpose of data processing (risk assessment and offer personalization)
- The source of the data (government registries)
- The categories of data processed
- The legal basis for processing
- Information on profiling and automated decision-making
The notice must be clearly communicated as soon as contact with the data subject is initiated or within one month from data acquisition.
This example reinforces that even public sector data must be handled in a way that respects individuals’ right to transparency and awareness.
Key Elements That Must Be Included in Article 14 Notices
Article 14 specifies detailed information that must be provided to individuals when their data is collected indirectly. These include:
- Identity and contact details of the data controller
- Contact details of the Data Protection Officer (if applicable)
- Purpose and legal basis for processing
- Categories of personal data
- Source of the data
- Recipients of the data
- Retention period
- Data subject rights
- Right to complain to a supervisory authority
- Information about data transfers outside the EU
- Existence of automated decision-making
These elements ensure individuals remain informed and empowered even when they are not involved in the initial data collection process.
Importance of Transparency Under Article 14
Transparency is not only a legal requirement but also a foundation for ethical data handling. By informing individuals of how their data is used, organizations demonstrate accountability and build long-term trust.
Failure to comply with Article 14 can result in significant administrative fines, reputational damage, and legal disputes. More importantly, it undermines the fundamental right to privacy and informational self-determination.
Organizations that implement robust data communication strategies under Article 14 benefit from improved customer relationships and reduced compliance risks.
Common Pitfalls in GDPR Article 14 Compliance
Despite its importance, many organizations misunderstand or overlook Article 14 obligations. Common mistakes include:
- Delayed notification to data subjects
- Incomplete disclosure of data sources
- Vague descriptions of processing purposes
- Absence of opt-out or objection mechanisms
- Lack of clarity in privacy notices
Ensuring compliance requires proactive monitoring of how external data sources are used and strict documentation of all data processing activities.
How to Implement Article 14 Effectively
To comply efficiently with Article 14, organizations should:
- Map all data sources and identify indirect data collection
- Update privacy policies to include clear third-party data handling explanations
- Create automated notification triggers
- Provide accessible and understandable privacy notices
- Maintain detailed records of communication
Regular training and audits also play a critical role in sustaining compliance over time.
Final Thoughts
GDPR Article 14 plays a vital role in maintaining fairness when personal data is collected indirectly. Through real-world scenarios such as marketing databases, recruitment scraping, financial profiling, and affiliate data sharing, the importance of transparency becomes evident.
By understanding and implementing Article 14 obligations correctly, organizations safeguard individuals' rights, minimize legal risks, and strengthen trust-based relationships. Compliance is not merely a regulatory requirement but a strategic advantage in the modern data-driven economy.