The Employee Consent Form Personal Information is a crucial document required under Malta's data protection framework and EU GDPR regulations. It should be used whenever an employer needs to process employee personal data beyond what is strictly necessary for performing the employment contract. This document becomes particularly important when processing special categories of personal data or when data processing goes beyond standard HR operations. The form must be presented to employees at the start of employment or when new data processing activities are introduced. It must clearly outline all intended uses of personal data, storage periods, third-party sharing, and employee rights. Under Maltese law, influenced by GDPR requirements, the consent must be freely given, specific, informed, and unambiguous, with the possibility to withdraw consent at any time.
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1. Introduction and Parties: Identifies the employer (data controller) and employee (data subject), including relevant contact details
2. Purpose of Processing: Clear explanation of why personal data is being collected and processed, listing specific purposes
3. Categories of Personal Data: Detailed list of personal data types that will be collected and processed
4. Data Processing Activities: Description of how the personal data will be used, stored, and protected
5. Data Recipients and Transfers: Information about who will have access to the data and whether it will be transferred to third parties or outside the EU
6. Data Retention Period: Information about how long the personal data will be kept
7. Employee Rights: Explanation of GDPR rights including right to withdraw consent, access data, request rectification or erasure
8. Declaration of Consent: Clear statement of consent with space for signature and date
1. Special Categories of Personal Data: Additional section required when processing sensitive data such as health information, biometric data, or religious beliefs
2. International Transfers: Required when personal data will be transferred outside the EU/EEA
3. Automated Decision Making: Required when personal data will be used for automated decision-making or profiling
4. Photography and Video Consent: Additional section for consent to use employee's image or video recordings
5. Marketing Communications: Required if employee personal data will be used for internal or external marketing purposes
1. Schedule 1: Detailed Data Processing Activities: Comprehensive list of specific data processing activities and purposes
2. Schedule 2: Third Party Recipients: List of third parties who may receive the personal data and their purposes
3. Schedule 3: Security Measures: Details of technical and organizational measures to protect personal data
4. Appendix A: Employee Rights Guide: Detailed explanation of employee rights under GDPR and local data protection law
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