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Data Privacy Risk Assessment

Data Privacy Risk Assessment Template for Austria

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Key Requirements PROMPT example:

Data Privacy Risk Assessment

"I need a Data Privacy Risk Assessment for our new cloud-based CRM system being implemented in March 2025, which will process customer data across our Austrian operations and requires evaluation of cross-border transfers to US-based servers."

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Document background
The Data Privacy Risk Assessment is a crucial document required under Article 35 of the GDPR and Austrian data protection law when processing activities are likely to result in high risks to individuals' rights and freedoms. It must be conducted before beginning new high-risk processing activities, implementing new technologies, or making significant changes to existing processes. The assessment examines the nature, scope, context, and purposes of processing, evaluates necessity and proportionality, and identifies measures to address risks. In the Austrian context, particular attention must be paid to compliance with both the DSG and sector-specific regulations. The document serves as evidence of compliance with accountability obligations and helps organizations implement privacy by design principles.
Suggested Sections

1. Executive Summary: High-level overview of the assessment findings, key risks identified, and major recommendations

2. Purpose and Scope: Defines the purpose of the assessment, processing activities being assessed, and boundaries of the assessment

3. Processing Operation Description: Detailed description of data processing activities, including data flows, purposes, and processing methods

4. Legal Framework: Overview of applicable laws and regulations (GDPR, DSG, sector-specific requirements)

5. Data Mapping: Identification of personal data types, data subjects, data flows, and processing purposes

6. Necessity and Proportionality Assessment: Analysis of whether processing is necessary and proportionate to its purposes

7. Risk Assessment Methodology: Description of risk assessment approach, criteria, and scoring method

8. Risk Analysis: Detailed analysis of identified risks, their likelihood, and potential impact

9. Current Controls: Description of existing technical and organizational measures

10. Gap Analysis: Identification of areas where current controls are insufficient

11. Recommendations: Proposed measures to address identified risks and gaps

12. Implementation Plan: Timeline and responsibilities for implementing recommended measures

Optional Sections

1. Cross-border Transfer Assessment: Required when processing involves data transfers outside the EU/EEA

2. Processor Assessment: Required when third-party processors are involved in data processing

3. Special Categories Analysis: Required when processing special categories of personal data

4. Children's Data Assessment: Required when processing personal data of children

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

6. Prior Consultation Requirements: Required when processing is likely to result in high risk that cannot be mitigated

7. Industry-Specific Considerations: Required when processing is subject to specific industry regulations

Suggested Schedules

1. Data Flow Diagrams: Visual representations of data flows and processing activities

2. Risk Assessment Matrix: Detailed risk scoring and evaluation matrices

3. Technical Infrastructure Documentation: Documentation of systems, applications, and technical measures

4. Control Framework: Detailed description of existing and planned security controls

5. Processor Agreements: Relevant data processing agreements and vendor contracts

6. Consultation Records: Records of consultations with DPO, stakeholders, and supervisory authorities

7. Previous Assessments: References to previous assessments and their findings

8. Legal Basis Documentation: Detailed documentation supporting legal bases for processing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Personal Data
Special Categories of Personal Data
Data Subject
Data Controller
Data Processor
Processing
Data Protection Officer
Supervisory Authority
Risk
Impact
Likelihood
Residual Risk
Data Protection Impact Assessment
Privacy by Design
Privacy by Default
Technical Measures
Organizational Measures
Data Breach
Cross-border Processing
Consent
Legitimate Interest
Data Minimization
Purpose Limitation
Storage Limitation
Risk Level
Control Measures
Data Flow
Processing Activity
Data Transfer
Third Party
Risk Treatment
Data Protection Authority
Austrian Data Protection Act
GDPR
Information Security
Data Subject Rights
Privacy Notice
Data Retention
Data Mapping
Processing Register
Risk Assessment Methodology
Prior Consultation
Data Protection Requirements
Pseudonymization
Encryption
Security of Processing
Clauses
Scope and Purpose
Legal Basis
Data Processing Activities
Risk Assessment
Data Subject Rights
Technical Security
Organizational Security
Data Transfer
Compliance Requirements
Documentation Requirements
Breach Response
Access Control
Data Retention
Training and Awareness
Monitoring and Review
Impact Assessment
Accountability Measures
Prior Consultation
Special Categories Processing
Third Party Processing
Cross-border Transfer
Data Minimization
Purpose Limitation
Record Keeping
DPO Consultation
Supervisory Authority
Implementation Timeline
Risk Mitigation
Control Measures
Assessment Review
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Insurance

Education

Public Sector

Manufacturing

Retail

Professional Services

Transportation and Logistics

Energy and Utilities

Media and Entertainment

Real Estate

Relevant Teams

Legal

Compliance

Information Security

IT Operations

Risk Management

Data Protection

Internal Audit

Project Management Office

Information Technology

Business Operations

Human Resources

Research and Development

Quality Assurance

Relevant Roles

Data Protection Officer

Privacy Manager

Compliance Officer

Information Security Manager

Risk Manager

Legal Counsel

IT Director

Chief Information Security Officer

Chief Technology Officer

Project Manager

System Administrator

Database Administrator

Business Process Owner

Audit Manager

Chief Privacy Officer

Operations Manager

Industries
General Data Protection Regulation (GDPR): The primary EU-wide regulation governing data protection and privacy, directly applicable in Austria. It sets the fundamental principles for data processing, rights of data subjects, and obligations of data controllers and processors.
Austrian Data Protection Act (DSG): The national data protection law that implements and supplements the GDPR in Austria, including specific national provisions and regulations for data protection.
Austrian Telecommunications Act (TKG): Regulates electronic communications and contains specific provisions about data protection in telecommunications services and electronic communications.
Austrian Labor Law (Arbeitsrecht): Contains provisions regarding employee data protection and privacy in the workplace, including regulations about employee monitoring and data processing.
Network and Information Systems Security Act (NISG): Austrian legislation implementing the EU NIS Directive, focusing on cybersecurity requirements that directly impact data privacy and protection.
Austrian Civil Code (ABGB): Contains general provisions about privacy rights and personality rights that may be relevant for data protection assessments.
EU ePrivacy Directive: Specific rules for electronic communications services, particularly relevant for online privacy and cookie usage.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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