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Data Protection Impact Assessment Policy

Data Protection Impact Assessment Policy Template for Germany

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Key Requirements PROMPT example:

Data Protection Impact Assessment Policy

"I need a Data Protection Impact Assessment Policy for a healthcare technology company based in Munich, focusing particularly on AI-driven medical diagnosis tools and cross-border data transfers within the EU, to be implemented by March 2025."

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Document background
The Data Protection Impact Assessment Policy is essential for organizations operating in Germany that process personal data which may result in high risks to individuals' rights and freedoms. This document becomes necessary when organizations need to systematically assess and document their data processing activities as required by Article 35 of the GDPR and the German Federal Data Protection Act (BDSG). It provides a structured approach to identifying, assessing, and mitigating data protection risks, ensuring compliance with both EU and German regulatory requirements. The policy is particularly crucial for new processing activities, technology implementations, or significant changes to existing processes that involve personal data. It includes specific requirements from German supervisory authorities, risk assessment methodologies, and consultation procedures with relevant stakeholders.
Suggested Sections

1. Purpose and Scope: Defines the objective of the policy and its application scope within the organization

2. Legal Framework: Outlines the relevant legal requirements under GDPR, BDSG, and other applicable laws

3. Definitions: Defines key terms used throughout the policy, including technical and legal terminology

4. Roles and Responsibilities: Specifies who is responsible for initiating, conducting, reviewing, and approving DPIAs

5. DPIA Triggers: Lists circumstances and criteria that require a DPIA to be conducted

6. DPIA Process: Step-by-step procedure for conducting a DPIA, including planning, assessment, and review phases

7. Risk Assessment Methodology: Standardized approach for identifying, analyzing, and evaluating data protection risks

8. Documentation Requirements: Specifies how DPIA processes and outcomes should be documented

9. Review and Update Procedures: Process for periodic review and updating of completed DPIAs

10. Consultation Requirements: Guidelines for when and how to consult with stakeholders, DPO, and supervisory authorities

Optional Sections

1. Technology-Specific Guidelines: Detailed guidance for assessing specific technologies (e.g., AI, IoT); include when organization regularly implements new technologies

2. Cross-Border Considerations: Guidelines for DPIAs involving international data transfers; include when organization operates across multiple jurisdictions

3. Sector-Specific Requirements: Additional requirements for specific sectors (e.g., healthcare, finance); include when organization operates in regulated industries

4. Emergency DPIA Procedures: Expedited DPIA process for urgent situations; include when organization needs rapid deployment capabilities

5. Training Requirements: Guidelines for staff training on DPIA procedures; include when organization has complex DPIA requirements

Suggested Schedules

1. DPIA Template: Standard template for conducting and documenting DPIAs

2. Risk Assessment Matrix: Template for evaluating and scoring privacy risks

3. Screening Questionnaire: Checklist to determine whether a DPIA is required

4. Stakeholder Consultation Form: Template for documenting consultation with affected parties

5. DPIA Review Checklist: Checklist for reviewing completed DPIAs

6. Processing Activities Register: Template for maintaining records of processing activities requiring DPIAs

7. Sample Risk Mitigation Measures: Library of common risk mitigation strategies and controls

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Data Protection Impact Assessment (DPIA)
Personal Data
Special Categories of Personal Data
Processing
Data Controller
Data Processor
Data Protection Officer (DPO)
Supervisory Authority
Joint Controllers
Data Subject
Risk
High Risk Processing
Prior Consultation
Privacy by Design
Privacy by Default
Cross-border Processing
Profiling
Automated Decision Making
Pseudonymisation
Encryption
Data Minimization
Processing Register
Technical and Organizational Measures
Bundesdatenschutzgesetz (BDSG)
Mitigation Measures
Residual Risk
Risk Assessment
Data Protection Principles
Consent
Legitimate Interest
Data Transfer
Third Country
Binding Corporate Rules
Standard Contractual Clauses
Information Security
Data Breach
Privacy Notice
Records of Processing Activities
Legal Basis
Data Retention
Impact Assessment Methodology
Stakeholder Consultation
Processing Purpose
Data Flow
System Owner
Process Owner
Clauses
Purpose and Scope
Legal Framework
Definitions and Interpretation
Roles and Responsibilities
Governance
DPIA Requirements
Risk Assessment
Consultation Requirements
Documentation
Review and Monitoring
Compliance
Data Security
Reporting
Accountability
Process Management
Training and Awareness
Record Keeping
Quality Assurance
Confidentiality
Implementation
Enforcement
Exceptions and Derogations
Amendment Procedures
Audit Requirements
Regulatory Reporting
Technology Assessment
Impact Measurement
Stakeholder Management
Timeline Requirements
Resource Allocation
Relevant Industries

Healthcare

Financial Services

Insurance

Technology

Telecommunications

Education

Public Sector

Retail

Manufacturing

Professional Services

Transportation

Energy

Research and Development

E-commerce

Digital Marketing

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Project Management Office

Information Governance

Internal Audit

Operations

Research & Development

Digital Transformation

Enterprise Architecture

Relevant Roles

Data Protection Officer

Privacy Manager

Compliance Officer

Information Security Manager

Risk Manager

Legal Counsel

IT Director

Project Manager

Business Process Owner

Systems Architect

Privacy Analyst

Compliance Specialist

Information Governance Manager

Data Protection Specialist

Chief Privacy Officer

Chief Information Security Officer

IT Security Manager

Risk Assessment Specialist

Industries
General Data Protection Regulation (GDPR): EU's primary data protection law that mandates DPIAs under Article 35 when processing is likely to result in high risks to individuals' rights and freedoms
Bundesdatenschutzgesetz (BDSG): German Federal Data Protection Act that implements and supplements GDPR requirements at the national level, including specific provisions for DPIAs
Guidelines on Data Protection Impact Assessment (WP248): European Data Protection Board guidelines providing criteria for determining whether processing is likely to result in high risk and how to conduct DPIAs
State Data Protection Laws (Landesdatenschutzgesetze): German state-specific data protection laws that may contain additional DPIA requirements for public bodies in respective federal states
IT-Sicherheitsgesetz (IT Security Act): German law setting requirements for IT security measures, relevant for technical and organizational measures section of DPIAs
DSK (German Data Protection Conference) Guidelines: Specific guidance from German supervisory authorities on conducting DPIAs, including lists of processing operations requiring DPIAs
BSI Standards (Federal Office for Information Security): Technical guidelines and standards for IT security, relevant for assessing technical risks and security measures in DPIAs
Article 29 Working Party Guidelines: Legacy guidelines still relevant for DPIA methodology and risk assessment approaches
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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