| TD: Duty to Inform When Refusing Requests

Duty to Inform When Refusing Requests, v1.0

Specifies requirements in accordance with General Data Protection Regulation (GDPR) Art. 12(4).

Assessment Step

1 Duty to Inform When Refusing Requests (DutytoInformWhenRefusingRequests) If the entity does not intend to act on a request, does it inform the data subject without delay and at the latest within one month of receipt, stating the reasons and the right to complain or seek judicial remedy? Artifact A1 Provide evidence (e.g. organizational policies, procedures, compliance/assessment reports, etc.) and supporting notes as appropriate to support the assessor's response to this assessment step.

Conformance Criteria (1)

Duty to Inform When Refusing Requests The data controller must inform the data subject without delay and at the latest within one month of receipt of the request when it does not intend to take action, including the reasons and the possibility to lodge a complaint with a supervisory authority and seek judicial remedy. Citation GDPR Art. 12(4), Recital 59

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Metadata

Identifier

https://artifacts.trustmarkinitiative.org/lib/tds/duty-to-inform-when-refusing-requests/1.0/

Publication Date

2025-05-15

Issuing Organization

TMI (https://trustmarkinitiative.org/) View Contact

No Responder

help@trustmarkinitiative.org

555-555-5555

No Mailing Address

Keywords

GDPR, Data Protection, Privacy, Data Privacy

Issuance Criteria

yes(ALL)

Target Recipient

Entities that want to demonstrate compliance with the General Data Protection Regulation (GDPR) (EU) 2016/679, as published in the Official Journal of the European Union (OJ L 119, 4.5.2016, p. 1–88), in the role of a Data Controller.

Legal Notice

This artifact is published by the Georgia Tech Research Institute (GTRI) as part of the Trustmark Initiative. This artifact and the information contained herein is provided on an "AS IS" basis, and GTRI disclaims all warranties, express or implied, including but not limited to any warranty that the use of the information herein will not infringe any rights or any implied warranties or merchantability or fitness for a particular purpose. In addition, GTRI disclaims legal liability for any loss incurred as a result of the use or reliance on the document or the information contained herein.

Sources (1)

GDPR	General Data Protection Regulation (GDPR) (EU) 2016/679, as published in the Official Journal of the European Union (OJ L 119, 4.5.2016, p. 1-88).

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