A Data Protection Privacy Notice is required whenever an organization processes personal data of individuals in Malta and the EU. This document is mandated by both the General Data Protection Regulation (GDPR) and Malta's Data Protection Act (Chapter 586). The notice must be provided to data subjects at the time their personal data is collected and should be easily accessible, written in clear language, and contain all information required by Articles 13 and 14 of the GDPR. It serves as a primary tool for ensuring transparency in data processing activities and helps organizations demonstrate compliance with data protection principles. The document should be regularly reviewed and updated to reflect any changes in data processing activities or regulatory requirements.
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1. Introduction: Overview of the privacy notice and its purpose
2. Data Controller Information: Identity and contact details of the data controller and, where applicable, their representative and Data Protection Officer
3. Types of Personal Data Collected: Detailed categorization of personal data collected and processed
4. Purposes of Processing: Clear explanation of why personal data is collected and how it will be used
5. Legal Basis for Processing: Explanation of the legal grounds under GDPR Article 6 (and Article 9 for special categories) for processing personal data
6. Recipients of Personal Data: Information about who personal data is shared with, including third parties and international transfers
7. Data Retention Periods: How long personal data will be stored and criteria used to determine retention periods
8. Data Subject Rights: Explanation of individual rights under GDPR and how to exercise them
9. Security Measures: Overview of measures taken to protect personal data
10. Complaints Procedure: How to file complaints and contact details for the Malta Information and Data Protection Commissioner
11. Updates to Privacy Notice: Information about how and when the privacy notice may be updated
1. Automated Decision Making: Required when automated decision-making or profiling is used
2. Children's Privacy: Required when services are offered directly to children or their data is specifically processed
3. Cookies and Tracking: Required for websites and online services that use cookies or similar tracking technologies
4. Special Categories of Data: Required when processing sensitive personal data such as health information or biometric data
5. Employment Data Processing: Required when the privacy notice covers employee data processing
6. Marketing Communications: Required when personal data is used for direct marketing purposes
7. CCTV Monitoring: Required when video surveillance is used on premises
1. Cookie List: Detailed list of cookies used, their purposes, and duration
2. Third Party Processors: List of data processors and their roles in processing personal data
3. Data Retention Schedule: Detailed schedule of retention periods for different categories of personal data
4. International Transfer Mechanisms: Details of safeguards in place for international data transfers
5. Technical Security Measures: Detailed description of security measures implemented to protect personal data
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