The Privacy Waiver is essential for organizations operating under Irish jurisdiction that need to obtain explicit consent for specific data processing activities beyond standard business operations. This document becomes particularly relevant when processing special categories of personal data under GDPR Article 9, or when standard privacy policies and terms of service are insufficient for the intended data processing activities. The Privacy Waiver should be used when organizations need documented, explicit consent for specific processing activities, especially in contexts involving sensitive data, research, marketing, or data sharing with third parties. It must comply with both the EU GDPR and the Irish Data Protection Act 2018, incorporating specific Irish legal requirements and regulatory guidance from the Data Protection Commission.
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1. Parties: Identification of the Data Subject (individual providing consent) and the Data Controller (organization receiving the waiver)
2. Background: Context of the waiver, relationship between parties, and purpose of data processing
3. Definitions: Clear definitions of key terms including Personal Data, Processing, Special Categories of Data, and other relevant GDPR terminology
4. Scope of Waiver: Specific description of what personal data is covered by the waiver and what processing activities are being consented to
5. Nature of Consent: Clear statement that consent is freely given, specific, informed and unambiguous, with explanation of right to withdraw
6. Duration: Period for which the waiver is valid and circumstances under which it may expire
7. Data Subject Rights: Statement of retained rights under GDPR including right to access, rectification, erasure, and data portability
8. Declarations: Formal statements confirming understanding and voluntary nature of the waiver
9. Execution: Signature blocks and date of execution
1. Special Categories of Personal Data: Additional provisions required when processing sensitive personal data under Article 9 of GDPR
2. International Transfers: Required when personal data may be transferred outside the EEA
3. Third Party Disclosures: Details of any third parties who may receive the personal data
4. Specific Processing Activities: Detailed description of particular processing activities requiring specific consent
5. Emergency Contacts: Optional section for including emergency contact details and their processing
6. Child Data Processing: Required when the data subject is under 16 years old, including parental consent provisions
1. Schedule 1 - Categories of Personal Data: Detailed list of all personal data categories covered by the waiver
2. Schedule 2 - Processing Activities: Comprehensive list of all processing activities covered by the waiver
3. Schedule 3 - Third Party Recipients: List of all third parties who may receive the personal data
4. Appendix A - Privacy Notice: Copy of the relevant privacy notice referenced in the waiver
5. Appendix B - Withdrawal Form: Template form for withdrawing consent
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