Privacy Disclosure Agreement

Privacy Disclosure Agreement Template for Denmark

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Document background

The Privacy Disclosure Agreement serves as a fundamental document for organizations operating under Danish jurisdiction that process personal data. This agreement is essential for compliance with both the EU General Data Protection Regulation (GDPR) and the Danish Data Protection Act. It should be used whenever an organization needs to formally disclose how it collects, processes, stores, and protects personal data. The document typically includes detailed information about data processing purposes, legal bases, data subject rights, security measures, and international transfer mechanisms. It is particularly crucial when establishing new business relationships, launching new products or services, or updating existing privacy practices. The agreement helps organizations demonstrate accountability and transparency in their data processing activities, which are key requirements under Danish and EU privacy laws.

Suggested Sections

1. Parties: Identification of the data controller/processor and the individual or entity to whom the disclosure is made

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Key terms used in the agreement, including GDPR-specific terminology

4. Purpose of Data Processing: Clear explanation of why personal data is being collected and processed

5. Categories of Personal Data: Detailed description of the types of personal data being processed

6. Legal Basis for Processing: Specification of the legal grounds under GDPR for processing personal data

7. Data Subject Rights: Explanation of individual rights under GDPR and how they can be exercised

8. Data Security Measures: Overview of technical and organizational measures to protect personal data

9. Data Retention: Period for which personal data will be stored and criteria for determining this period

10. International Data Transfers: Information about any transfers of data outside the EEA and safeguards in place

11. Contact Information: Details of data protection officer or relevant contact person for privacy matters

12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Special Categories of Personal Data: Required when processing sensitive personal data such as health information or biometric data

2. Automated Decision Making: Required when automated processing, including profiling, is used to make decisions

3. Direct Marketing: Required when personal data will be used for direct marketing purposes

4. Cookie Policy: Required when websites or electronic services use cookies or similar tracking technologies

5. Child Data Processing: Required when processing personal data of children under 13 years

6. Joint Controllers: Required when multiple parties jointly determine the purposes and means of processing

7. Third-Party Data Sharing: Required when personal data will be shared with third parties

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list and description of all personal data categories being processed

2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented to protect personal data

3. Schedule 3 - Approved Sub-processors: List of approved third-party data processors, if applicable

4. Schedule 4 - Data Transfer Mechanisms: Details of international transfer mechanisms and safeguards

5. Schedule 5 - Processing Activities Register: Detailed log of processing activities as required by GDPR Article 30

6. Appendix A - Data Subject Request Procedure: Detailed procedure for handling data subject rights requests

7. Appendix B - Data Breach Response Plan: Procedures for detecting, reporting and investigating personal data breaches

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