Data Protection Notice Template for Belgium

A comprehensive document compliant with Belgian law and EU GDPR that outlines how an organization collects, processes, stores, and protects personal data. The notice fulfills the transparency requirements under Articles 13 and 14 of the GDPR while incorporating specific Belgian data protection requirements. It serves as a formal communication to data subjects about their rights, the organization's data handling practices, and provides necessary information about data protection measures, retention periods, and contact details for data protection queries. The document must be drafted in accordance with Belgian Data Protection Act requirements and the Belgian DPA's guidelines.

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What is a Data Protection Notice?

The Data Protection Notice is a mandatory document required under Belgian law and EU GDPR for organizations processing personal data. It must be provided to data subjects at the time their personal data is collected or, if obtained indirectly, within a reasonable period thereafter. The notice should be written in clear, plain language and must include specific information required by Articles 13 and 14 of the GDPR, while also complying with Belgian Data Protection Act requirements. This document is essential for ensuring transparency in data processing activities and helping organizations demonstrate compliance with data protection principles. It should be regularly reviewed and updated to reflect changes in data processing activities or regulatory requirements.

What sections should be included in a Data Protection Notice?

1. Introduction: Overview of the notice's purpose and scope, including identity and contact details of the data controller

2. Types of Personal Data We Collect: Detailed categorization of personal data collected, including special categories if applicable

3. How We Collect Your Personal Data: Sources of personal data collection (direct from data subject, third parties, public sources, etc.)

4. How We Use Your Personal Data: Purposes of processing and legal bases relied upon for each purpose

5. How We Share Your Personal Data: Categories of recipients of personal data, including service providers and third parties

6. Data Retention: Period for which personal data will be stored, or criteria used to determine that period

7. Your Rights: Explanation of data subject rights under GDPR and how to exercise them

8. Data Security: Measures taken to protect personal data and ensure security of processing

9. Updates to This Notice: Information about how changes to the notice will be communicated

10. How to Contact Us: Contact details for data protection queries and complaints, including DPO if applicable

What sections are optional to include in a Data Protection Notice?

1. International Data Transfers: Required if personal data is transferred outside the EEA, detailing transfer mechanisms and safeguards

2. Automated Decision Making: Required if automated decision-making or profiling is performed

3. Children's Privacy: Required if services are offered to or data is collected from children

4. Cookies and Tracking Technologies: Required for online services using cookies or similar technologies

5. Special Categories of Personal Data: Required if processing special categories of personal data under Article 9 GDPR

6. Legal Requirements for Processing: Required if data collection is based on statutory or contractual requirements

7. Direct Marketing: Required if personal data is used for direct marketing purposes

What schedules should be included in a Data Protection Notice?

1. Cookie List: Detailed list of cookies used, including their purposes, duration, and type

2. Processing Activities Register: Detailed inventory of specific processing activities, purposes, and legal bases

3. Third-Party Processors: List of data processors and sub-processors, including their roles and locations

4. Technical and Organizational Measures: Detailed description of security measures implemented to protect personal data

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

Jurisdiction

Belgium

Publisher

Genie AI

Document Type

Sector

Data Privacy

Cost

Free to use

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