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Policy Notice Template for Germany

A comprehensive legal document compliant with German data protection laws, including the Federal Data Protection Act (BDSG) and GDPR, that outlines an organization's practices regarding the collection, processing, storage, and protection of personal data. This document serves as a transparent communication tool between the organization and data subjects, detailing their rights, the organization's obligations, and the specific purposes and legal bases for data processing activities. It includes mandatory disclosures required under German and EU law, ensuring compliance with both jurisdictional requirements while maintaining clarity and accessibility for all stakeholders.

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What is a Policy Notice?

The Policy Notice is a crucial compliance document required under German data protection law, specifically aligned with the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR). This document is essential for any organization operating in Germany that processes personal data, serving as a transparent declaration of data processing activities and privacy practices. The Policy Notice must be implemented when an organization collects or processes personal data, whether from employees, customers, or other stakeholders. It contains mandatory disclosures about data processing activities, data subject rights, security measures, and international data transfers. The document needs regular updates to reflect changes in processing activities or legal requirements, ensuring continuous compliance with German and EU data protection standards.

What sections should be included in a Policy Notice?

1. Introduction and Scope: Overview of the policy's purpose and whom it applies to

2. Controller Information: Details of the data controller, including company name, contact information, and DPO details as required by GDPR Art. 13

3. Data Collection and Processing: Description of what personal data is collected, legal bases for processing, and purposes

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

5. Data Security Measures: Overview of technical and organizational measures to protect personal data

6. Data Retention: Information about how long data is stored and criteria for retention periods

7. International Data Transfers: Information about any data transfers outside the EU/EEA and safeguards in place

8. Updates to the Policy: Process for policy updates and how changes will be communicated

9. Contact Information: How to contact the organization for privacy-related queries or concerns

What sections are optional to include in a Policy Notice?

1. Cookie Policy: Detailed information about cookie usage - required if the policy relates to website or app usage

2. Marketing Communications: Details about marketing communications and opt-out procedures - include if organization conducts direct marketing

3. Children's Privacy: Special provisions for processing children's data - required if services are offered to minors

4. Employee Data Processing: Specific provisions for employee data - include if policy covers employment context

5. Industry-Specific Provisions: Additional requirements for specific sectors (e.g., healthcare, finance) - include based on industry

6. Third-Party Services: Information about third-party service providers and their data processing - include if relevant

7. Automated Decision Making: Information about automated processing and profiling - required if such processing occurs

What schedules should be included in a Policy Notice?

1. Data Processing Activities: Detailed list of specific data processing activities and their purposes

2. Technical and Organizational Measures: Detailed description of security measures implemented

3. Authorized Third-Party Processors: List of approved data processors and their roles

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

5. Data Retention Schedule: Detailed retention periods for different categories of personal data

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Privacy Policy

Cost

Free to use

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