Legitimate Interest Impact Assessment Template for Austria

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Key Requirements PROMPT example:

Legitimate Interest Impact Assessment

"I need a Legitimate Interest Impact Assessment for implementing a new employee monitoring system across our Austrian offices by March 2025, including video surveillance and electronic access controls, ensuring compliance with both GDPR and Austrian labor laws."

Document background
The Legitimate Interest Impact Assessment (LIA) is a crucial compliance document required whenever an organization in Austria processes personal data based on legitimate interests under GDPR Article 6(1)(f). This document must be completed before commencing any processing activities that rely on legitimate interests as their legal basis. It provides a structured framework for evaluating whether the organization's interests are legitimate, necessary, and proportionate when weighed against the rights and freedoms of data subjects. The assessment must comply with both EU-wide GDPR requirements and specific Austrian data protection laws, including the Austrian Data Protection Act (DSG). Organizations should regularly review and update their LIAs to ensure continued compliance and effectiveness of protective measures.
Suggested Sections

1. Purpose of the Assessment: Describes the scope and context of the legitimate interest assessment, including the processing activity being assessed

2. Data Controller Information: Details of the organization conducting the LIA, including contact information and role in data processing

3. Processing Activity Description: Detailed description of the data processing activity, including types of data, processing purposes, and technical methods

4. Legitimate Interest Identification: Clear articulation of the legitimate interest being pursued, whether it's the controller's or a third party's interest

5. Necessity Test: Assessment of whether the processing is necessary and proportionate to achieve the legitimate interest

6. Balancing Test: Analysis of the balance between the legitimate interest and the rights/freedoms of data subjects

7. Risk Assessment: Evaluation of potential risks to data subjects and their likelihood/severity

8. Safeguards and Mitigating Measures: Description of measures implemented to protect data subjects' rights and reduce risks

9. Conclusion and Decision: Final determination on whether the legitimate interest basis is appropriate and processing can proceed

Optional Sections

1. Special Category Data Considerations: Additional assessment required when processing involves sensitive personal data

2. Cross-border Transfer Analysis: Required when the processing involves data transfers outside the EEA

3. Child Data Processing Assessment: Additional considerations when processing involves children's personal data

4. Employee Data Processing: Specific considerations for workplace monitoring or employee data processing

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

Suggested Schedules

1. Data Flow Diagram: Visual representation of how personal data flows through the processing activity

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

3. Stakeholder Consultation Results: Documentation of any consultations with stakeholders or data subjects

4. Technical and Organizational Measures: Detailed description of security measures and safeguards implemented

5. Related Policies and Procedures: List and copies of relevant organizational policies that support the legitimate interest

6. Previous LIA Versions: Record of previous versions and updates to the assessment if applicable

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Healthcare

Technology

Retail

Manufacturing

Professional Services

Education

Telecommunications

Insurance

Real Estate

Human Resources

Marketing and Advertising

Transportation and Logistics

Public Sector

Non-profit Organizations

Relevant Teams

Legal

Compliance

Data Protection

Information Security

Risk Management

Internal Audit

Information Technology

Human Resources

Operations

Privacy Office

Relevant Roles

Data Protection Officer

Privacy Manager

Compliance Officer

Legal Counsel

Information Security Manager

Risk Manager

Business Process Owner

Chief Privacy Officer

Data Protection Specialist

Compliance Manager

Privacy Analyst

Information Governance Manager

Data Protection Consultant

Chief Legal Officer

Privacy Operations Manager

Industries
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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