GDPRhub commentary style guide: Difference between revisions

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We try to keep articles and pages on GDPRhub as consistent and understandable as possible. Given the very different national traditions on citation and formatting in legal writing, we have tried to develop a middle ground that ensures that all readers can fully understand the articles on GDPRhub. Please follow this guide when editing GDRPhub.
This page provides specific guidance on the Commentary. For general information regarding the writing style on the Hub, including on the Commentary, please follow this [https://wiki.noyb.eu/index.php?title=Legal_Writing_Style_Guide guide].


==General hints when editing GDPRhub==
==General Information for Commentary Articles==
GDPRhub aims at making legal texts from across the EU accessible to everyone. At the same time the legal culture has very local traditions, customs and styles. We therefore ask all editors to follow these basic principles for the sake of consistency:
The GDPRhub Commentary features relatively short analysis regarding a GDPR Article. Commentaries should not exceed 4000 words total (including abstract, main text, references and figure legends). They should have an abstract of 50 words or less ("Overview") and no more than 35 references.
==Writing your Commentary Article==
===Overview===
Commentary begins with an introductory paragraph that immediately presents the issues under discussion in a way that captures the reader's interest. The Overview should be general enough to orient the reader not familiar with the specifics of the field being discussed. Here, and throughout the article, the author should avoid the jargon and special terms of his or her field or system.
===Body of the text===
The body of the text should, in the limited space available, develop the discussion in a lively manner. By "lively" we don't mean hype and oversimplification. Rather, the editors seek clear, declarative writing that avoids the passive tense, tangled constructions, and needless detail. Avoid asides that interrupt the flow of the text.


*Use Simple English, as English is not the first language for most readers.
====Commentary structure====
*Try to use English formatting (e.g. 1,000 or 1000 instead of "1.000"), but not American formatting (28.5.2018, not 5/28/2018).
In general, the commentary should follow the structure of the Article. We prefer an analytical approach. This means that, if possible, we analyse the meaning of the most important sentences included in each paragraph of the Article, and then we move on to the next one, with the same approach. That said in general terms, it is also true that we don't need to be that analytical all the time. In other words, if a paragraph is terribly boring or does not deserve more than five minutes of your time, you don't need to split hairs. A general headline will work just fine.<blockquote>Article 12 makes a good example. The provision is made of 8 paragraphs and each one of them is commented (check the index of contents, [https://gdprhub.eu/Article_12_GDPR here]). However, certain paragraphs (for example 1 and 5) require deeper analysis while others can be grouped in a more general "issue", without further analysis.</blockquote>
*Provide the necessary context, so that a foreign reader (that may not know the local procedure or facts) can follow you.
*Use our templates when you create a new page.
*Use the text editor (not the visual editor) when possible, to ensure you can include all necessary code.
*Check that a new page is categorized properly, so that readers can find it.


==Constructing your sentences==
====Paragraph numbering====
The Wiki automatically numbers paragraphs once they are given a hierarchy value ("Heading", "Sub-heading 1", "Sub-heading 2", etc). Therefore, there is no need to give a number to each paragraph. If doing so helps you in visualising the structure of the Commentary, do it. Please, remember that no numbers should be given to the paragraphs once the commentary is uploaded on the GDPRhub.
===Citation Style===


===Start with the subject, the verb, and the object===
*''Books (monographies)''
Legal sentences have a tendency to become rather complicated, especially when they contain a lot of detail and separate the key words. Help your readers by putting the subject and the verb towards the beginning of the sentence, and avoiding abundant qualifiers or conditions before the subject and verb.
**surname(s) of author(s),
**full title,
**publisher ''and'' year in brackets,
**page.
<blockquote><u>Example</u>: Endicott, Administrative Law (OUP 2009), p. 10.</blockquote>


<u>Example:</u> The DPA found a violation of Article 32 GDPR because the controller failed to take technical and organisational measures to protect the website visitors.
*''Commentaries''
**surname of author(s) in ''italics''. (if applicable), ''in''
**editor(s) (if applicable),
**full title,
**Article,
**margin number (or page if applicable)
**publisher ''and'' year in brackets (you may need to also cite 'Edition')
**(if online, provide date of access)


<u>Example:</u> Not <s>Because of the lack of technical and organisational measures of the controller to protect the website visitors, the DPA found a violation of Article 32 GDPR.</s>
<blockquote><u>Example</u> (paper): ''Leupold'', ''Schrems'', in Knyrim, Der Datkomm, Article 80 GDPR, margin number 49 (Manz 2018).  </blockquote><blockquote><u>Example</u> (paper): ''Docksey'', in Kuner et al., The EU General Data Protection Regulation (GDPR), Article 68 GDPR, p. 1046 (Oxford University Press 2020).  </blockquote><blockquote><u>Example</u> (online): ''Klabunde'', in Ehman, Selmayr, Datenschutz-Grundverordnung, Article 67 GDPR, margin number 16 (Beck 2018, 2nd ed.) (accessed 22.4.2021)</blockquote>


===Use the active voice rather than the passive===
*''Journal papers''
The active voice can make the reading easier, as it respects the expectation that the subject of the sentence will perform the action of the verb. It can also make the writing more lively and generally requires fewer words.
**surname(s) author(s),
**full title, ''in''
**full name of the journal,
**volume number (if available),
**(year),
**page or page numbers.
**(if online, provide link and date of access)
<blockquote><u>Example</u>: Alison Young, In Defence of Due Deference, in Modern Language Review, 72, (2009), p. 554.</blockquote>


<u>Example:</u> The court found a violation of Article 6(1)(a) GDPR.
*''EDPB/DPAs guidelines, opinions'' --> name of the authority (EDPB, CNIL, etc.), title, date, page number


<u>Example:</u> Not <s>A violation of Article 6(1)(a) GDPR was found by the court.</s>
<blockquote><u>Example</u>: EDPB, Guidelines 05/2020 on consent under Regulation 2016/679, 4 May 2020, p. 12.</blockquote>


===Use the past simple tense===
*''EDPB, DPA, Court decisions'' --> name of the authority, date, parties, case number, relevant paragraphs (if possible) + link to the GDPRhub summary (if available) [if not available, link to the official decision or reference to the book or journal that features the decision]
When writing the summary, use the past simple tense in order to be consistent between decisions and in order to be consistent in the GDPRtoday newsletter.
**<u>Example</u>: CJEU, 12.7.2005, Schempp, C-403/03, § 19 (available here [LINK])


<u>Example:</u> The Spanish DPA held that fingerprint clock-in systems are not acceptable under Article 5(1)(c).
==Practical tips==


<u>Example:</u> Not <s>The Spanish DPA has held that fingerprint clock-in systems are not acceptable under Article 5(1)(c).</s>
*Please, <u>always cite the full work in each footnote</u>. In other words, <u>do not</u> use "op. cit", "ibid", "Idem" and similar;
*Where there are two authors, both should be named; with three or more only the first author's name plus "et al." need be given.
*<u>Do not</u> use footnotes in your word draft. It will be easier for you to upload the file in the Hub and use the "Cite" feature on the Wiki.


<u>Example:</u> Not <s>The Spanish DPA holds that fingerprint clock-in systems are not acceptable under Article 5(1)(c).</s>
<blockquote>Example: "''Articles 39(1)(d) and (e) lay down the DPO’s obligations in relation to the supervisory authorities. For example, the DPO could facilitate cooperation of the organisation in prior consultation procedures or DPA investigations.'' [6. Klabunde, in Ehman, Selmayr, Datenschutz-Grundverordnung, Article 67, Rn 16 (Beck 2018, 2nd ed.) (accessed 22.4.2021)]"</blockquote>
 
===Use the € symbol, but the official codes for other currencies===
When talking about money, use the € symbol, but the official codes for other currencies. Put them always before the number. The € symbol is not followed by a space, but the codes are.
 
Use a comma if the number is 10,000 or bigger, don't use a comma if it's smaller.
 
<u>Example:</u> The Romanian DPA fined Facebook Romania €5000 (RON 25,000).
 
===The summary section===
The brief (200-250 characters) summary of the GDPRhub decisions is particularly important for the GDPRtoday newsletter. The aim is to automatically extract this text and use it for the weekly newsletter. Therefore, consistency and conciseness are even more important for this section than for the other parts of the summary. Please try to always follow the subsequent structure when drafting the summary, and reserve more detailed sentences for the following sections of the summary.
 
<u>Example:</u> The 'X' DPA fined 'Y' €50,000 for violating Article 'Z' GDPR by illegally processing the image of a data subject.
 
==References within GDPRhub==
 
===Citing Laws===
 
====GDPR====
All Articles are called "Article X GDPR". We do not use abbreviations like "Art." or "Art" as they are widely different in each jurisdiction.
 
Paragraphs and subparagraph are added in brackets, as there are different forms of naming them in the member states.
 
::<u>Example:</u> Article 6(1)(a) GDPR
::<u>Example:</u> Not <s>Art. 6 Abs 1 Lit a GDPR</s> or <s>Article 6 GDPR</s> or <s>GDPR Article 6, Sec 1(a)</s>
 
Recitals are also not shortened.
 
::<u>Example:</u> Recital 47
::<u>Example:</u> Not <s>R 47</s> or <s>Recital 47 GDPR</s>
 
====Other EU Laws====
Other EU laws follow the same system for naming the articles, but have the name of the legal act (e.g. regulation, directive) after the Article.
 
::<u>Example:</u> Article 5 of the ePrivacy Directive should be cited as "Article 5 Directive 2002/58/EC."
 
When there is a common name for an act that allows the reader to understand the content of the act quicker, you should put the common name between the Article and the official number of the legal act. Keep the official number to ensure that the reader can still identify the act.
 
::<u>Example:</u> Article 5 of the ePrivacy Directive should be cited as "Article 5 <u>ePrivacy</u> Directive 2002/58/EC."
 
====National Laws====
National laws are cited as usual in each country, but paragraphs and subparagraph follow the system of brackets as explained above for GDPR Articles, as they are widely different in each national jurisdiction. In other words: the national name for the Paragraph (§), Article or Section is used, but the numbering then follows the GDPRhub logic.
 
::<u>Example:</u> § 6 Abs 4 Lit c) of an Austrian law becomes <u>§</u> <u>6(4)(c)</u> on GDPRhub.
::<u>Example:</u> Section 1 para 1(c) of an Irish law becomes <u>Section</u> <u>1(1)(c)</u> on GDPRhub.
 
===Linking to laws===
When you cite a law for the first time on a page, you should always also link to the original text of the law, so that the reader can easily follow and verify your work.
 
====Linking to GDPR Articles====
GDPRhub has a page for each GDPR Article. It includes the text, the relevant recitals and a commentary on the Article. Ideally you should link to the actual subparagraph of each Article, as GDPRhub is using these subparagraphs to find the right cases.
 
::<u>Example:</u> A case about consent as a legal basis should always use Article 6<u>(1)(a)</u> GDPR, not only Article 6 GDPR.
 
You can link to each page in the text editor by putting two square brackets before and after the Article.
 
::<u>Example:</u> <nowiki>[[Article 6 GDPR]]</nowiki> will become [[Article 6 GDPR]] on a page.
 
You can show another name for the link (e.g. to only name it "Article 6" and not repeat "GDPR" within a text more than necessary.
 
::<u>Example:</u> <nowiki>[[Article 6 GDPR|Article 6]]</nowiki> will be visible as [[Article 6 GDPR|Article 6]].
 
You should always link to the exact part of the Article, which can be done by adding the subparagraph at the end of the link. For technical reasons, brackets are not possible here. Subparagraph (1)(b) therefore has to be written as #1b!
 
::<u>Example:</u> <nowiki>[[Article 6 GDPR</nowiki><u>#1b</u><nowiki>|Article 6</nowiki><u>(1)(b)</u><nowiki>]]</nowiki> becomes [[Article 6 GDPR#1b|Article 6(1)(b)]] and links to Article 6, section (1), subsection (b) of the relevant page.
 
====Linking to other national and EU laws====
For other national or EU laws you should link to the official publication of the law with a hyperlink.
 
::<u>Example:</u> § 9 of the Austrian Data Protection Act (DSG) is linked as [https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10001597&Artikel=2&Paragraf=9&Anlage=&Uebergangsrecht= § 9 DSG] to redirect to the external source.
 
===Footnotes===
References (e.g. to books, laws, cases or other documents) within a text can be added by using the wiki-function "Reference".
 
In the text editor you can just put the reference/footnote between an<nowiki>"<ref>" and "</ref>"</nowiki> element. It will generate a footnote and move the link to the text (your reference) between the two tags to the bottom of the page.
 
In the visual editor, you can click on "cite" to include a reference/footnote. It will generate a footnote and move the link to the reference to the bottom of the page.
 
==Consistent names on GDPRhub==
 
===Naming DPA and court cases===
On GDPRhub all cases are named by Court/DPA, a dash and the case number or the case name. If a case number is available, always use the case number. If no case name or number is available, you may use a description of the case as a title.
 
If there is an abbreviation of the court or DPA, this will be used for titles. Abbreviations of the DPAs can be found in the [[:Category:DPA|DPA overview]]. Abbreviations of courts can be found in the [[:Category:Court Decisions|court overview]].
 
::<u>Example:</u> Decision FS50819531 of the Information Commissioner's Office is called "[[ICO - FS50819531]]".
 
===Naming DPAs and courts in page titles===
The names of DPAs are mostly the abbreviation in the national language and the country name in brackets. Abbreviations of all DPAs can be found in the [[:Category:DPA|DPA overview]].
 
::<u>Example:</u> The UK Information Commissioner's Office can be found as [[ICO (UK)]].
 
Courts are named by the abbreviation and the country name in brackets.
 
::<u>Example:</u> A case of the Den Haag Court of First Instance (''Rechtbank'') can be found as [[Rb. Den Haag - C/09/581973/KG ZA 19/1024]].
 
===Local names of laws and institutions===
Names of many non-English elements (e.g. names of a court or a law in the local language) can be very confusing and hard to follow. To ensure that the reader can follow the articles, an English translation <u>and</u> the original name are used on GDPRhub.  
 
Always use an English translation (or description) and add the local name in brackets so that the reader can follow you. Local abbreviations are used and may be added in the brackets, separated with a dash. When further citing the element or using it in a title of a page, you may use the national abbreviation.
 
::<u>Example:</u> The German "Oberlandesgericht Köln" becomes the "High Regional Court Cologne (''Oberlandesgericht Köln - OLG Köln'')".
::<u>Example:</u> The German "Oberlandesgericht Köln" becomes the "OLG Cologne" when used in a page title.
::<u>Example:</u> The German Bundesdatenschutzgesetz (BDSG) becomes the "German Federal Data Protection Act (''Bundesdatenschutzgesetz - BDSG'')". Once this abbreviation is established on a page, you may later simply refer to the BDSG in your article.
 
==Specific elements on GDPRhub==
 
===Examples===
 
Examples can be added by including <nowiki>::<u>Example:</u></nowiki> before a paragraph in the text editor.
 
::<u>Example:</u> This is an example.
 
[[Category:Legal]]

Revision as of 15:06, 10 June 2021

This page provides specific guidance on the Commentary. For general information regarding the writing style on the Hub, including on the Commentary, please follow this guide.

General Information for Commentary Articles

The GDPRhub Commentary features relatively short analysis regarding a GDPR Article. Commentaries should not exceed 4000 words total (including abstract, main text, references and figure legends). They should have an abstract of 50 words or less ("Overview") and no more than 35 references.

Writing your Commentary Article

Overview

Commentary begins with an introductory paragraph that immediately presents the issues under discussion in a way that captures the reader's interest. The Overview should be general enough to orient the reader not familiar with the specifics of the field being discussed. Here, and throughout the article, the author should avoid the jargon and special terms of his or her field or system.

Body of the text

The body of the text should, in the limited space available, develop the discussion in a lively manner. By "lively" we don't mean hype and oversimplification. Rather, the editors seek clear, declarative writing that avoids the passive tense, tangled constructions, and needless detail. Avoid asides that interrupt the flow of the text.

Commentary structure

In general, the commentary should follow the structure of the Article. We prefer an analytical approach. This means that, if possible, we analyse the meaning of the most important sentences included in each paragraph of the Article, and then we move on to the next one, with the same approach. That said in general terms, it is also true that we don't need to be that analytical all the time. In other words, if a paragraph is terribly boring or does not deserve more than five minutes of your time, you don't need to split hairs. A general headline will work just fine.

Article 12 makes a good example. The provision is made of 8 paragraphs and each one of them is commented (check the index of contents, here). However, certain paragraphs (for example 1 and 5) require deeper analysis while others can be grouped in a more general "issue", without further analysis.

Paragraph numbering

The Wiki automatically numbers paragraphs once they are given a hierarchy value ("Heading", "Sub-heading 1", "Sub-heading 2", etc). Therefore, there is no need to give a number to each paragraph. If doing so helps you in visualising the structure of the Commentary, do it. Please, remember that no numbers should be given to the paragraphs once the commentary is uploaded on the GDPRhub.

Citation Style

  • Books (monographies)
    • surname(s) of author(s),
    • full title,
    • publisher and year in brackets,
    • page.

Example: Endicott, Administrative Law (OUP 2009), p. 10.

  • Commentaries
    • surname of author(s) in italics. (if applicable), in
    • editor(s) (if applicable),
    • full title,
    • Article,
    • margin number (or page if applicable)
    • publisher and year in brackets (you may need to also cite 'Edition')
    • (if online, provide date of access)

Example (paper): Leupold, Schrems, in Knyrim, Der Datkomm, Article 80 GDPR, margin number 49 (Manz 2018).

Example (paper): Docksey, in Kuner et al., The EU General Data Protection Regulation (GDPR), Article 68 GDPR, p. 1046 (Oxford University Press 2020).

Example (online): Klabunde, in Ehman, Selmayr, Datenschutz-Grundverordnung, Article 67 GDPR, margin number 16 (Beck 2018, 2nd ed.) (accessed 22.4.2021)

  • Journal papers
    • surname(s) author(s),
    • full title, in
    • full name of the journal,
    • volume number (if available),
    • (year),
    • page or page numbers.
    • (if online, provide link and date of access)

Example: Alison Young, In Defence of Due Deference, in Modern Language Review, 72, (2009), p. 554.

  • EDPB/DPAs guidelines, opinions --> name of the authority (EDPB, CNIL, etc.), title, date, page number

Example: EDPB, Guidelines 05/2020 on consent under Regulation 2016/679, 4 May 2020, p. 12.

  • EDPB, DPA, Court decisions --> name of the authority, date, parties, case number, relevant paragraphs (if possible) + link to the GDPRhub summary (if available) [if not available, link to the official decision or reference to the book or journal that features the decision]
    • Example: CJEU, 12.7.2005, Schempp, C-403/03, § 19 (available here [LINK])

Practical tips

  • Please, always cite the full work in each footnote. In other words, do not use "op. cit", "ibid", "Idem" and similar;
  • Where there are two authors, both should be named; with three or more only the first author's name plus "et al." need be given.
  • Do not use footnotes in your word draft. It will be easier for you to upload the file in the Hub and use the "Cite" feature on the Wiki.

Example: "Articles 39(1)(d) and (e) lay down the DPO’s obligations in relation to the supervisory authorities. For example, the DPO could facilitate cooperation of the organisation in prior consultation procedures or DPA investigations. [6. Klabunde, in Ehman, Selmayr, Datenschutz-Grundverordnung, Article 67, Rn 16 (Beck 2018, 2nd ed.) (accessed 22.4.2021)]"