Employer Privacy Notice Template for Germany

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Key Requirements PROMPT example:

Employer Privacy Notice

"I need an Employer Privacy Notice for our German tech startup that processes employee data across EU offices and allows remote work and BYOD, to be implemented by March 2025."

Document background
The Employer Privacy Notice is a mandatory document required for all organizations employing staff in Germany, serving as a crucial compliance tool under both EU and German data protection laws. This document must be provided to employees at the start of their employment and updated when processing activities change. It ensures transparency about how personal data is handled throughout the employment relationship, from recruitment to post-employment. The notice must comply with Article 13/14 of the GDPR and Section 26 of the German Federal Data Protection Act (BDSG), including specific provisions for employee data processing, works council rights, and workplace monitoring. Organizations operating in Germany need this document to demonstrate compliance with data protection obligations and maintain transparent communication with employees about their data privacy rights.
Suggested Sections

1. Introduction: Overview of the notice's purpose and the employer's commitment to data protection

2. Data Controller Information: Identity and contact details of the employer as data controller, including contact details of the Data Protection Officer

3. Categories of Personal Data: Comprehensive list of personal data categories processed during the employment relationship

4. Purposes and Legal Bases of Processing: Detailed explanation of why personal data is processed and the legal grounds for processing under GDPR and BDSG

5. Recipients and Data Sharing: Information about third parties who receive employee data and any international transfers

6. Retention Periods: Information about how long different categories of personal data are stored

7. Data Security Measures: Overview of technical and organizational measures to protect personal data

8. Employee Rights: Explanation of GDPR rights including access, rectification, erasure, and data portability

9. Updates to the Privacy Notice: Information about how changes to the notice will be communicated

Optional Sections

1. Works Council Information: Required if a works council exists - details about works council involvement in data processing

2. International Data Transfers: Required if personal data is transferred outside the EU/EEA

3. Automated Decision Making: Required if automated decision-making or profiling is used in employment context

4. Video Surveillance: Required if workplace video surveillance is implemented

5. Remote Working Policies: Required if employees work remotely - specific data processing related to remote work

6. Bring Your Own Device (BYOD): Required if employees are allowed to use personal devices for work

Suggested Schedules

1. Detailed Data Categories List: Comprehensive breakdown of all personal data categories processed, including special categories

2. Third Party Processors List: Detailed list of data processors and sub-processors with their roles and locations

3. Retention Schedule: Detailed retention periods for specific categories of employee data

4. Security Measures Details: Technical documentation of security measures and protocols in place

5. International Transfer Mechanisms: Details of safeguards for international data transfers if applicable

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Healthcare

Manufacturing

Retail

Professional Services

Education

Transportation

Construction

Energy

Telecommunications

Public Sector

Media and Entertainment

Hospitality

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Data Protection

Information Security

Employee Relations

Recruitment

Personnel Administration

Relevant Roles

HR Manager

Data Protection Officer

Legal Counsel

Compliance Officer

Privacy Manager

HR Director

Chief Human Resources Officer

Employment Lawyer

Recruitment Manager

Personnel Administrator

Chief Legal Officer

Chief Compliance Officer

HR Business Partner

Chief Privacy Officer

Industries
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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