Data Subject Consent Form for Malta

Data Subject Consent Form Template for Malta

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Data Subject Consent Form

"I need a Data Subject Consent Form for my Malta-based fintech startup that will process customers' biometric data for secure authentication, including facial recognition and fingerprint scanning, starting March 2025."

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What is a Data Subject Consent Form?

The Data Subject Consent Form is a mandatory document under both EU GDPR and Maltese data protection law when relying on consent as the legal basis for processing personal data. This document must be used whenever an organization (data controller) needs to obtain explicit consent from individuals for collecting and processing their personal data in Malta. The form ensures compliance with Article 7 of GDPR and the Maltese Data Protection Act, requiring consent to be freely given, specific, informed, and unambiguous. It becomes particularly crucial for processing special categories of personal data or when dealing with data subjects in Malta, where local regulatory requirements must be considered alongside EU-wide regulations. The document includes comprehensive information about data processing activities, retention periods, data subject rights, and withdrawal procedures, all presented in clear, plain language as required by law.

What sections should be included in a Data Subject Consent Form?

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

2. Purpose of Processing: Clear explanation of why the personal data is being collected and how it will be used, including the legal basis for processing

3. Personal Data Details: Specific list of personal data that will be collected and processed

4. Data Subject Rights: Explanation of the data subject's rights under GDPR including right to withdraw consent, access data, request erasure, etc.

5. Data Retention: Information about how long the data will be stored or the criteria used to determine this period

6. Consent Declaration: Clear statement of consent with checkbox/signature area, explicitly stating that consent is freely given, specific, informed and unambiguous

What sections are optional to include in a Data Subject Consent Form?

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

2. Automated Decision Making: Required when personal data will be used for automated decision-making, including profiling

3. Third Party Recipients: Required when data will be shared with third parties, listing categories of recipients

4. Special Categories of Data: Required when processing special categories of personal data (health, biometric, etc.), explaining additional safeguards

5. Child Consent: Required when the data subject is under 16 years old (or other age limit set by Member State), including parental consent provisions

What schedules should be included in a Data Subject Consent Form?

1. Schedule 1: Detailed Processing Activities: Comprehensive list of specific processing activities, including purposes, data categories, and retention periods

2. Schedule 2: Technical and Organizational Measures: Description of security measures implemented to protect the personal data

3. Schedule 3: Third Party Recipients List: Detailed list of third parties who will receive the data, including their roles and responsibilities

4. Appendix A: Privacy Notice: Full privacy notice providing detailed information about data processing activities

5. Appendix B: Withdrawal Form: Template form for withdrawing consent, including instructions for submission

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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A GDPR-compliant digital consent form under Maltese law for obtaining explicit consent for personal data processing activities.

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What is a Data Subject Consent Form?

What sections should be included in a Data Subject Consent Form?

What sections are optional to include in a Data Subject Consent Form?

What schedules should be included in a Data Subject Consent Form?

Authors

Alex Denne

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