The GDPR has expressly codified transparency as a fundamental data protection principle. In particular, the Regulation requires that information notices, communications to the data subjects and requests for consent must be drafted “in a concise, transparent, intelligible and easily accessible form, using clear and plain language”, highlighting the importance of taking the target audience into consideration (e.g. in case the information is addressed to children). Along the same line, the proposed ePrivacy Regulation moves towards new transparency obligations. But how can such a principle be implemented in practice? Legal Design is an innovative approach that can shed some lights on this challenge. It is an interdisciplinary field that combines design methodology, insights from behavioural law and economics, and IT to pursue a legal goal. The aim of the panel is to present the foundations of Legal Design and show some of its practical applications in the field of data protection.
• What is Legal Design?
• Can Legal Design pursue the GDPR policy goal of providing data subjects with meaningful information?
• How can visualisation and icons foster data subjects’ understanding of their rights?
• What lessons can we learn from Legal Design to pave the way for the implementation of the transparency requirement in relation to AI tools?