The Erasure Affidavit is a critical document used when organizations need to provide formal, legally binding confirmation of data erasure under German law. It is particularly relevant when responding to data subject erasure requests under GDPR Article 17, during legal proceedings, or when demonstrating compliance to regulatory authorities. The document combines the formal requirements of a German affidavit with technical documentation of data erasure processes. Organizations typically use this document to demonstrate compliance with data protection obligations, particularly in cases where proof of erasure may be required in the future. The affidavit includes detailed information about the data erased, methods used, verification procedures, and formal declarations under oath, making it a robust evidence of compliance with both GDPR and German data protection requirements.
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1. Declarant Information: Identification and contact details of the person making the affidavit, including their role and authority within the organization
2. Legal Basis: Reference to GDPR Article 17 and relevant German data protection laws under which the erasure was performed
3. Data Subject Information: Details of the individual(s) whose data was erased, including any reference numbers or identifiers
4. Scope of Erasure: Detailed description of the types of personal data that were erased
5. Erasure Method: Technical description of the methods and tools used to perform the erasure
6. Verification of Erasure: Confirmation that the erasure has been verified and is complete and irreversible
7. Formal Declaration: Sworn statement confirming the truth of the above statements, with acknowledgment of legal consequences for false declarations under German law
8. Date and Signature: Place, date, and signature of the declarant with official capacity noted
1. Third-Party Processors: Section detailing the erasure confirmation from any third-party data processors, used when data was processed by external parties
2. Regulatory Notifications: Section describing any notifications made to supervisory authorities, used when such notification is required
3. Backup Systems: Details of erasure from backup and archive systems, used when relevant to the organization's data storage structure
4. Exemptions: Description of any data retained under legal exemptions, used when certain data must be kept for legal compliance
5. Chain of Custody: Documentation of who had access to and handled the data during the erasure process, used in highly sensitive cases
1. Technical Erasure Report: Detailed technical log of the erasure process, including timestamps and system information
2. Data Inventory: Comprehensive list of all data types and locations that were subject to erasure
3. Verification Certificates: Certificates or reports from erasure software or tools used
4. Third-Party Confirmations: Written confirmations from any third-party processors confirming their compliance with the erasure request
5. Regulatory Correspondence: Copies of any correspondence with data protection authorities or other regulatory bodies
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Technology
Retail
Manufacturing
Professional Services
Education
Telecommunications
Insurance
Public Sector
E-commerce
Human Resources
Consulting
Relevant Teams
Legal
Compliance
Information Technology
Data Protection
Information Security
Risk Management
Records Management
Privacy
Corporate Governance
Technical Operations
Relevant Roles
Data Protection Officer
Chief Privacy Officer
IT Security Manager
Compliance Officer
Legal Counsel
Information Security Officer
Chief Information Security Officer
Privacy Manager
Data Governance Manager
IT Operations Manager
Records Management Officer
Chief Technology Officer
Risk Management Officer
System Administrator
Database Administrator
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