The Personal Data Consent Form is a crucial document for organizations operating under Austrian jurisdiction and EU GDPR requirements. It is used whenever an organization needs to obtain explicit consent as a legal basis for processing personal data. The document must be presented separately from other terms and conditions, as required by GDPR Article 7(2). It contains detailed information about the data controller, processing purposes, data categories, retention periods, and data subject rights. This consent form is particularly important in situations where other legal bases for processing (such as contractual necessity or legitimate interests) are not applicable. The document must be written in clear, plain language and should be easily understandable for the average person, following the GDPR principles of transparency and accountability.
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1. Data Controller Information: Identity and contact details of the data controller and, where applicable, their representative and Data Protection Officer
2. Purpose of Processing: Clear explanation of why the personal data is being collected and how it will be used
3. Categories of Personal Data: Specific list of personal data types that will be collected and processed
4. Legal Basis: Statement that consent is the legal basis for processing, with reference to GDPR Article 6(1)(a)
5. Data Recipients: Information about who will have access to the data and any third parties the data might be shared with
6. Data Storage Period: How long the data will be stored or the criteria used to determine this period
7. Data Subject Rights: Explanation of rights under GDPR including right to withdraw consent, access data, rectification, erasure, etc.
8. Consent Declaration: Clear and explicit consent statement with signature/confirmation field
1. International Transfers: Required if personal data will be transferred outside the EU/EEA, detailing transfer mechanisms and safeguards
2. Automated Decision Making: Required if personal data will be used for automated decision-making or profiling
3. Specific Processing Activities: Required when consent is needed for specific activities like marketing, cookies, or photography
4. Children's Data Processing: Required when collecting data from minors, including parental consent provisions
1. Schedule 1: Detailed Data Categories: Comprehensive list of all personal data categories to be collected, with examples and explanations
2. Schedule 2: Third Party Recipients: Detailed list of third parties who may receive the personal data, including their locations and purposes
3. Schedule 3: Technical and Security Measures: Description of security measures implemented to protect the personal data
4. Appendix A: Withdrawal Form: Template form for withdrawing consent, making it as easy to withdraw as to give consent (GDPR requirement)
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