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Data Protection Notice for Germany

Data Protection Notice Template for Germany

A comprehensive Data Protection Notice compliant with German data protection laws, specifically the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR). This document outlines how an organization collects, processes, stores, and protects personal data, ensuring transparency with data subjects and compliance with applicable regulations. It includes mandatory disclosures about data processing activities, data subject rights, transfer mechanisms, and security measures, tailored to meet both EU-wide and German-specific legal requirements.

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What is a Data Protection Notice?

The Data Protection Notice serves as a fundamental document required under both the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). It must be provided to data subjects when personal data is collected, either directly or indirectly. The notice ensures transparency about data processing activities and helps organizations fulfill their legal obligations under German and EU data protection law. It should be made available before data collection begins and must be easily accessible, written in clear language, and contain all mandatory information required by Articles 13 and 14 of the GDPR. This document is particularly important in the German context, where data protection requirements are strictly enforced and additional national provisions may apply.

What sections should be included in a Data Protection Notice?

1. Introduction and Controller Information: Identity and contact details of the data controller and, where applicable, its representative and data protection officer

2. Types of Personal Data Processed: Detailed categorization of personal data collected and processed

3. Purposes and Legal Bases of Processing: Explanation of why personal data is processed and the legal justification under GDPR Article 6

4. Recipients of Personal Data: Information about third parties who receive or have access to the personal data

5. Data Retention Periods: Information about how long different types of personal data are stored

6. Data Subject Rights: Explanation of individual rights under GDPR including access, rectification, erasure, and data portability

7. Right to Lodge a Complaint: Information about the right to complain to a supervisory authority

8. Automated Decision Making: Information about any automated decision-making, including profiling

What sections are optional to include in a Data Protection Notice?

1. International Data Transfers: Required when personal data is transferred outside the EU/EEA, detailing transfer mechanisms and safeguards

2. Cookie Information: Required when cookies or similar tracking technologies are used on websites

3. Special Categories of Data: Required when processing sensitive personal data such as health information or biometric data

4. Children's Privacy: Required when services may be used by or data collected from children

5. Employment-Related Processing: Required when the notice covers employee data processing

6. Video Surveillance: Required when CCTV or video monitoring systems are in use

7. Direct Marketing: Required when personal data is used for direct marketing purposes

What schedules should be included in a Data Protection Notice?

1. Processing Activities Register: Detailed list of specific data processing activities and their characteristics

2. Third-Party Processors List: List of data processors and sub-processors with their locations and roles

3. Technical and Organizational Measures: Description of security measures implemented to protect personal data

4. Cookie List: Detailed list of cookies used, including their purposes and duration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Privacy Policy

Cost

Free to use

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