The information clause does not need to contain the address of the PL SA’s seat

Among the information to be provided by the controller in case of processing of personal data, the obligation to include information on the right to lodge a complaint with supervisory authority is mentioned (Article 13(2)(d) and Article 14(2)(e) GDPR). However, the wording of the indicated provisions does not imply an obligation to indicate the address or contact details of the supervisory authority in the text of the information clause.

It also does not appear from the Article 29 Working Party's Guidelines on transparency (adopted on 29 November 2017) that the above information obligation includes the indication of the seat of the authority or other additional information.

Doubts about the implementation of the above obligation have arisen in connection with the planned change of the seat of the Personal Data Protection Office, which we announced in our communication of April 2 this year.

The change of the seat does not entail the obligation to include the new address of the Office in the information clauses of the controllers. At the same time, it should be emphasised that those controllers who have included the exact address of the PL SA in their information clauses (currently: Stawki 2 Street) are obliged to update this information. However, this update may be limited to deleting the information on the PL SA's correspondence address and just including a general information on the right to lodge a complaint with the supervisory authority in accordance with the provisions discussed above.

Controllers who have included the address of the PL SA in their information clauses can either remove the address information of the PL SA now or update it after the actual change of the seat of the PL SA, which, as we announced in this communication, will take place in July this year.

At the same time, we would like to emphasise that if correspondence is sent to the old address of the Office (ul. Stawki 2, 00-193 Warsaw), it will be redirected to the new address of the Office (ul. Moniuszki 1A, 00-0