The Employee Consent Form is a crucial document required for compliance with EU GDPR and Maltese data protection legislation. It should be used whenever an employer in Malta needs to process employee personal data beyond what is strictly necessary for the performance of the employment contract. The form must be presented to employees at the start of employment or when new data processing activities are introduced. It covers various aspects of data processing, including the types of data collected, processing purposes, data retention periods, and employee rights. The document must be drafted in clear, simple language to ensure employees can make an informed decision about consenting to their data processing. This Employee Consent Form is particularly important given Malta's strict enforcement of data protection regulations and the potential penalties for non-compliance under both EU and Maltese law.
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1. Introduction and Parties: Identifies the employer and employee, including full legal names and relevant identification details
2. Purpose of Processing: Clear explanation of why personal data is being collected and how it will be used
3. Types of Personal Data: Detailed list of personal data categories that will be collected and processed
4. Data Processing Activities: Description of how the personal data will be processed, stored, and protected
5. Rights of the Employee: Explanation of employee's rights under GDPR and local law, including right to withdraw consent
6. Duration of Processing: Information about how long the data will be retained and processed
7. Declaration and Signature: Final consent statement and space for employee signature, date, and any witness requirements
1. International Data Transfers: Required if personal data will be transferred outside the EU/EEA
2. Special Categories of Data: Required if processing sensitive personal data such as health information or biometric data
3. Marketing Communications: Required if employee data will be used for internal or external marketing purposes
4. Photography and Video Consent: Required if the employer wishes to use employee images or video recordings
5. Third-Party Processing: Required if third-party processors will handle employee data
1. Schedule A - Data Categories: Detailed breakdown of all personal data categories to be processed
2. Schedule B - Third-Party Processors: List of approved third-party data processors and their roles
3. Schedule C - Security Measures: Description of technical and organizational measures for data protection
4. Appendix 1 - Employee Rights Guide: Detailed explanation of employee rights regarding their personal data
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Gaming and iGaming
Information Technology
Healthcare
Manufacturing
Retail
Professional Services
Tourism and Hospitality
Education
Construction
Maritime
Telecommunications
Banking
Insurance
Transportation and Logistics
Relevant Teams
Human Resources
Legal
Compliance
Data Protection
Administration
Operations
Corporate Governance
Risk Management
Relevant Roles
HR Manager
Data Protection Officer
Compliance Officer
Legal Counsel
HR Director
Privacy Officer
HR Administrator
Recruitment Manager
HR Business Partner
Office Manager
Operations Manager
Company Secretary
General Counsel
HR Coordinator
Personnel Administrator
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