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Data Processing Notice
I need a data processing notice that outlines how personal data of customers will be collected, used, and stored, ensuring compliance with GDPR regulations. The document should include details on data retention periods, third-party data sharing, and the rights of data subjects.
What is a Data Processing Notice?
A Data Processing Notice tells people exactly how an organization collects and uses their personal information. In Belgium, this document fulfills key requirements under both the GDPR and national privacy laws, helping businesses stay transparent about their data handling practices.
The notice explains crucial details like why data is being collected, how long it's kept, and who else might see it. Belgian companies must make these notices easily accessible and write them in clear language that their customers or employees can understand. It's an essential tool for building trust and maintaining legal compliance, especially when handling sensitive information like health records or financial details.
When should you use a Data Processing Notice?
You need a Data Processing Notice before collecting personal information from customers, employees, or other individuals in Belgium. This includes launching a new website, starting an email marketing campaign, installing workplace surveillance, or collecting data through mobile apps or IoT devices.
Create and share the notice before any data collection begins - waiting until after could result in GDPR fines. Key moments to prepare one include: onboarding new staff, rolling out customer loyalty programs, setting up online payment systems, or introducing new ways to track visitor behavior. Belgian law requires updating the notice when your data handling practices change significantly.
What are the different types of Data Processing Notice?
- Standard Privacy Notice: The most common type, used for websites and general business operations. Covers basic data collection and processing activities.
- Employee Data Processing Notice: Specifically designed for workforce management, detailing how staff information is handled, including performance data and workplace monitoring.
- Customer-Specific Notice: Tailored for businesses collecting detailed customer data, especially in retail or e-commerce. Includes loyalty programs and marketing preferences.
- Healthcare Data Notice: Enhanced version with special provisions for sensitive medical information, meeting stricter Belgian healthcare privacy requirements.
- IoT/Technical Notice: Specialized format for companies using automated data collection through devices or sensors, explaining technical data processing details.
Who should typically use a Data Processing Notice?
- Data Controllers: Belgian companies and organizations that decide how and why personal data is processed, responsible for creating and maintaining the Data Processing Notice.
- Legal Teams: Internal counsel or external law firms who draft and review notices to ensure GDPR compliance and Belgian law alignment.
- Privacy Officers: DPOs and privacy professionals who oversee implementation and updates of the notice.
- HR Departments: Handle employee-related notices and ensure staff understand data processing practices.
- Data Subjects: Individuals whose personal data is being processed, including customers, employees, and website visitors who must receive the notice.
How do you write a Data Processing Notice?
- Data Mapping: Document all personal data your organization collects, stores, and processes, including specific purposes and retention periods.
- Third-Party Review: List all external processors and service providers who access the data, including cloud services and analytics tools.
- Security Measures: Detail your technical and organizational safeguards for protecting personal data.
- Language Requirements: Prepare content in both French and Dutch for Belgian compliance, using clear, non-technical language.
- Contact Details: Include your DPO or privacy officer's contact information and your organization's Belgian business address.
- Internal Review: Have key stakeholders verify the accuracy of processing activities before finalizing the notice.
What should be included in a Data Processing Notice?
- Identity Details: Your organization's full legal name, Belgian registration number, and contact information for data protection queries.
- Processing Purposes: Clear explanation of why you collect each type of personal data and its legal basis under GDPR.
- Data Categories: List of all personal information types collected, especially any sensitive data requiring special protection.
- Retention Periods: Specific timeframes for keeping different types of data and criteria for determining these periods.
- Data Subject Rights: Explanation of rights to access, correct, delete data, and file complaints with Belgian DPA.
- Transfer Information: Details about any data sharing with third parties or transfers outside the EU.
- Security Measures: Overview of technical and organizational safeguards protecting personal data.
What's the difference between a Data Processing Notice and a Data Processing Agreement?
A Data Processing Notice is often confused with a Data Processing Agreement, but they serve distinct purposes in Belgian data protection law. While both documents deal with personal data handling, their nature and application differ significantly.
- Legal Nature: A Data Processing Notice is an informative document for data subjects, while a Data Processing Agreement is a binding contract between data controllers and processors.
- Target Audience: Notices inform individuals about how their data is used, while agreements establish obligations between businesses processing data.
- Content Focus: Notices explain data collection practices in plain language, while agreements detail technical requirements, security measures, and legal responsibilities.
- Timing: Notices must be provided before data collection begins, while agreements are signed before any data processing collaboration starts.
- Legal Requirements: Under Belgian law, notices fulfill GDPR transparency obligations, while agreements satisfy Article 28 processor requirements.
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