Privacy Notice Statement Template for Belgium

A Privacy Notice Statement under Belgian law is a mandatory document that outlines how an organization collects, uses, stores, and protects personal data in compliance with both the EU General Data Protection Regulation (GDPR) and Belgian data protection laws. This document must meet the specific requirements of the Belgian Data Protection Act of 2018 while adhering to the broader EU framework. It serves as a transparent communication tool between organizations and data subjects, detailing their rights, the purposes of data processing, and the organization's data protection practices. The document must be drafted in clear, plain language and must address all mandatory disclosure requirements under both EU and Belgian privacy laws.

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What is a Privacy Notice Statement?

A Privacy Notice Statement is a fundamental document required under both the EU General Data Protection Regulation (GDPR) and Belgian data protection law. It must be provided whenever personal data is collected from individuals in Belgium, whether directly or indirectly. The document serves as a primary transparency tool, informing data subjects about how their personal data is processed, their rights under privacy laws, and how these rights can be exercised. Under Belgian law, particular attention must be paid to language requirements, specific national derogations from GDPR, and additional requirements set by the Belgian Data Protection Authority. The Privacy Notice Statement should be regularly reviewed and updated to reflect changes in processing activities, organizational practices, or legal requirements. It's essential for establishing trust with data subjects and demonstrating compliance with privacy regulations.

What sections should be included in a Privacy Notice Statement?

1. Introduction: Overview of the document's purpose and the organization's commitment to privacy

2. Data Controller Information: Identity and contact details of the data controller and, where applicable, their representative

3. Data Protection Officer: Contact details of the Data Protection Officer (DPO) where applicable

4. Types of Personal Data Processed: Detailed categories of personal data collected and processed

5. Purposes and Legal Bases: Purposes of processing and corresponding legal bases, including legitimate interests where relevant

6. Data Recipients: Categories of recipients of personal data, including third-party processors

7. International Transfers: Information about any transfers to third countries and safeguards in place

8. Retention Periods: How long different types of personal data are kept

9. Data Subject Rights: Explanation of individual rights under GDPR and how to exercise them

10. Right to Lodge a Complaint: Information about the right to complain to the Belgian DPA

11. Automated Decision Making: Information about any automated decision-making, including profiling

12. Changes to the Privacy Notice: How changes will be communicated and managed

What sections are optional to include in a Privacy Notice Statement?

1. Cookie Policy: Detailed information about cookie usage - required if the organization uses cookies on their website

2. Children's Privacy: Special provisions for processing children's data - required if services are offered to children

3. Marketing Communications: Specific information about marketing practices - required if personal data is used for marketing

4. Employment Data Processing: Specific information about employee data processing - required for employee-facing privacy notices

5. CCTV and Surveillance: Information about surveillance systems - required if physical monitoring is in place

6. Special Categories of Data: Specific information about processing sensitive data - required if special category data is processed

7. Joint Controller Information: Details about joint controller arrangements - required in joint controller scenarios

What schedules should be included in a Privacy Notice Statement?

1. Data Processing Activities Register: Detailed list of specific processing activities and their characteristics

2. Third-Party Processors: List of data processors and categories of processing they perform

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

4. Cookie List: Comprehensive list of cookies used, their purposes and duration

5. Data Retention Schedule: Detailed retention periods for different categories of 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

Privacy Notice

Cost

Free to use

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