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Data Privacy Impact Assessment Template for Germany

A comprehensive document required under German data protection law and GDPR Article 35, designed to systematically analyze, assess, and document the privacy risks associated with data processing activities. This assessment evaluates the necessity and proportionality of processing operations, identifies potential risks to data subjects' rights and freedoms, and establishes appropriate mitigation measures in compliance with German Federal Data Protection Act (BDSG) and relevant state-level data protection regulations. The document serves as both a compliance tool and a demonstration of accountability under German and EU data protection frameworks.

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What is a Data Privacy Impact Assessment?

A Data Privacy Impact Assessment is required under German law when processing operations are likely to result in high risks to individuals' rights and freedoms. This document must be completed before initiating high-risk processing activities, such as large-scale processing of sensitive data, systematic monitoring of public areas, or using new technologies. It follows requirements set by the GDPR, German Federal Data Protection Act (BDSG), and guidelines from German supervisory authorities. The assessment helps organizations identify and minimize data protection risks, demonstrate compliance with legal obligations, and implement appropriate technical and organizational measures. Regular reviews and updates are necessary to ensure continued effectiveness and compliance with evolving data protection standards.

What sections should be included in a Data Privacy Impact Assessment?

1. Executive Summary: Brief overview of the DPIA, key findings, and recommendations

2. Project Overview: Description of the data processing activity being assessed, including purpose and context

3. Systematic Description of Processing: Detailed description of data processing operations, categories of data, data flows, and retention periods

4. Necessity and Proportionality Assessment: Analysis of whether the processing is necessary and proportionate to its purposes, including legal basis assessment

5. Risk Assessment: Identification and evaluation of privacy risks to individuals' rights and freedoms

6. Risk Mitigation Measures: Description of measures to address identified risks and ensure GDPR compliance

7. DPO and Stakeholder Consultation: Documentation of consultation with DPO, data subjects or their representatives, and other relevant stakeholders

8. Compliance Assessment: Evaluation of compliance with GDPR principles and German data protection requirements

9. Monitoring and Review Plan: Schedule and criteria for reviewing and updating the DPIA

What sections are optional to include in a Data Privacy Impact Assessment?

1. Cross-Border Transfer Assessment: Required when processing involves data transfers outside the EU/EEA

2. Processor Assessment: Include when third-party processors are involved in the processing activities

3. Technical Security Assessment: Detailed evaluation of technical security measures, recommended for complex IT systems

4. Special Category Data Analysis: Required when processing special categories of personal data under Article 9 GDPR

5. Children's Data Processing Assessment: Required when processing involves data of children under 16

6. Prior Consultation Documentation: Include when supervisory authority consultation is required due to high residual risks

What schedules should be included in a Data Privacy Impact Assessment?

1. Data Flow Diagrams: Visual representations of data processing flows and systems

2. Risk Assessment Matrix: Detailed risk scoring and evaluation matrices

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

4. Consultation Records: Documentation of stakeholder consultations and feedback

5. Processing Activity Records: Detailed inventory of processing activities covered by the DPIA

6. Legal Basis Analysis: Detailed analysis of legal grounds for processing

7. Data Protection Controls Register: Register of all privacy and security controls implemented

8. Review and Sign-off Sheet: Record of approvals and periodic reviews

Authors

Alex Denne

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

Jurisdiction

Germany

Cost

Free to use

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