Model Consent Form Template for Austria

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Key Requirements PROMPT example:

Model Consent Form

"I need a Model Consent Form for my medical research institute in Vienna, compliant with Austrian law, to collect patient health data and genetic information for a clinical trial starting in March 2025."

Document background

This Model Consent Form serves as a standardized template for organizations operating under Austrian jurisdiction to obtain valid consent for personal data processing activities. It is designed to meet the stringent requirements of both the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). The document should be used whenever organizations need to obtain explicit consent for processing personal data, particularly in situations involving special categories of data, marketing activities, or data processing affecting minors. The Model Consent Form includes mandatory information about data processing activities, clear explanations of data subject rights, and specific consent mechanisms that comply with the 'freely given, specific, informed and unambiguous' standards required by GDPR Article 7. It is particularly important in the Austrian context, where specific national provisions complement GDPR requirements, especially regarding the age of consent for minors (14 years) and specific documentation requirements.

Suggested Sections

1. Data Controller Information: Details of the organization collecting consent, including name, contact details, and Data Protection Officer contact information if applicable

2. Purpose of Data Processing: Clear explanation of why the personal data is being collected and how it will be used, with specific purposes listed individually

3. Data Categories: Detailed list of personal data categories that will be collected and processed

4. Processing Activities: Description of what will be done with the personal data, including any automated decision-making

5. Data Recipients: Information about who will have access to the data, including any third-party processors or transfers

6. Data Subject Rights: Explanation of rights under GDPR including right to withdraw consent, access data, request erasure, etc.

7. Duration of Processing: Information about how long the data will be stored and processed

8. Declaration of Consent: The actual consent statement and signature section, including date and place

Optional Sections

1. International Transfers: Required when personal data will be transferred outside the EU/EEA, detailing safeguards in place

2. Special Categories of Data: Required when processing sensitive personal data (health, biometric, etc.), including explicit consent statements

3. Marketing Consent: Required when data will be used for marketing purposes, with separate opt-in options for different channels

4. Photography/Media Consent: Required when collecting consent for use of photographs, videos, or other media featuring the data subject

5. Parental Consent: Required when the data subject is under 14 years old (Austrian age of digital consent)

Suggested Schedules

1. Privacy Notice: Detailed privacy policy providing comprehensive information about data processing activities

2. List of Data Processors: Detailed list of third-party data processors and their roles, if applicable

3. Technical and Organizational Measures: Description of security measures in place to protect personal data

4. Specific Processing Activities: Detailed breakdown of specific data processing activities and purposes, if too extensive for main form

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

alex.den.21@genieai.co

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