Privacy Waiver

Privacy Waiver Template for Denmark

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Document background

The Privacy Waiver is essential in situations where organizations need to obtain explicit consent for processing personal data beyond what is strictly necessary for contractual or legal obligations under Danish law. This document type is particularly relevant in light of the strict requirements imposed by the GDPR and the Danish Data Protection Act. The Privacy Waiver provides a formal mechanism for documenting voluntary, informed, and specific consent from data subjects, clearly outlining what personal data will be collected, how it will be used, and which privacy rights are being waived. It should be used when standard contractual or legitimate interest bases for processing are insufficient, especially for special categories of personal data or for processing activities that require explicit consent under Danish or EU law. The document includes specific references to data subject rights, withdrawal procedures, and processing purposes, ensuring compliance with both Danish and EU privacy requirements.

Suggested Sections

1. Parties: Identification of the data subject (individual giving consent) and the data controller (organization receiving the waiver)

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

3. Definitions: Key terms used in the waiver, including specific data categories and processing activities

4. Scope of Waiver: Specific description of what privacy rights are being waived and for what purposes

5. Data Processing Details: Description of what personal data will be collected and how it will be used

6. Duration: Time period for which the waiver is valid

7. Acknowledgment of Rights: Confirmation that the data subject understands their rights under GDPR and Danish law

8. Right of Withdrawal: Information about the right to withdraw consent and the process for doing so

9. Signatures: Execution block with date and signatures of all parties

Optional Sections

1. Special Categories of Data: Required when the waiver covers sensitive data categories under Article 9 of GDPR

2. International Transfers: Required when personal data will be transferred outside the EU/EEA

3. Third Party Disclosure: Include when personal data will be shared with or processed by third parties

4. Specific Processing Activities: Detailed section for complex processing operations or multiple processing purposes

5. Marketing Consent: Include when the waiver covers direct marketing activities

6. Automated Decision Making: Required when processing involves automated decision-making or profiling

Suggested Schedules

1. Schedule 1 - Categories of Personal Data: Detailed list of all personal data categories covered by the waiver

2. Schedule 2 - Processing Activities: Detailed description of all processing activities and their purposes

3. Schedule 3 - Third Party Recipients: List of third parties who may receive or process the personal data

4. Appendix A - Data Subject Rights: Detailed explanation of GDPR and Danish law rights and how to exercise them

5. Appendix B - Security Measures: Description of technical and organizational measures for data protection

6. Appendix C - Withdrawal Form: Template form for withdrawing consent

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