Data Protection Notice for Malta

Data Protection Notice Template for Malta

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Data Protection Notice

"I need a Data Protection Notice for my e-commerce business launching in March 2025, which will process customer data across the EU and transfer data to the US, including provisions for marketing communications and cookie tracking."

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What is a Data Protection Notice?

The Data Protection Notice is a mandatory document required under both EU GDPR and Maltese data protection law, serving as a primary tool for transparency in personal data processing activities. It must be provided to data subjects when collecting their personal data, whether directly or indirectly. The notice needs to comply with Articles 13 and 14 of the GDPR, as well as the Maltese Data Protection Act 2018 and relevant subsidiary legislation. It should be written in clear, plain language and contain all mandatory information about data processing activities, data subject rights, and contact details for the data controller and Data Protection Officer (if applicable). This document is particularly crucial in Malta's business environment, where many international companies process data under both EU and Maltese jurisdiction.

What sections should be included in a Data Protection Notice?

1. Introduction: Identifies the data controller and provides basic information about the purpose of the notice

2. Contact Details: Contact information for the data controller and Data Protection Officer (if applicable)

3. Types of Personal Data Collected: Detailed list of personal data categories that are collected and processed

4. Purposes of Processing: Explanation of why the personal data is collected and how it will be used

5. Legal Basis for Processing: Description of the legal grounds under GDPR for processing personal data

6. Data Sharing and Recipients: Information about third parties with whom data may be shared

7. Data Retention: How long personal data will be kept and criteria for determining retention periods

8. Data Subject Rights: Explanation of individual rights under GDPR including access, rectification, erasure, etc.

9. Data Security: Overview of measures taken to protect personal data

10. Complaints Procedure: How to make a complaint and contact details for the Malta Data Protection Commissioner

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

1. International Transfers: Required only if personal data is transferred outside the EU/EEA

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

3. Cookies Policy: Required if the notice covers website/online services using cookies

4. Children's Privacy: Required if services may be used by or data collected from children

5. Employment Data: Required if the notice covers employee data processing

6. CCTV Monitoring: Required if video surveillance is used on premises

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

What schedules should be included in a Data Protection Notice?

1. Types of Personal Data: Detailed breakdown of all personal data categories collected and processed

2. Processing Activities Register: Detailed list of processing activities and their purposes

3. Third Party Recipients: List of specific third parties with whom data is shared and the purposes

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

5. Cookie List: If applicable, detailed list of cookies used and their purposes

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

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