Declaration of consent in terms of data protection lawi
Big trading company chains often expect their agricultural suppliers to have a
GLOBALG.A.P. Certification which is also known as standard for Integrated Farm Assurance
(IFA) which is a worldwide quality assurance and qualification system for agriculture. The
acronym G.A.P. stands for Good Agricultural Practices. The main purposes of the
certification are the promotion of sustainable production methods, a responsible use of water
and respect for the welfare of workers.
The audit and certification is done by certification bodies that are recognized by
GLOBALG.A.P. and accredited according to the ISO Standard 65/EN 45011 or ISO 17065.
We too [PLEASE ADD NAME OF THE COMPANY TO BE CERTIFIED] (referred to
hereinafter as “we“ or “employer“) wish to obtain such a GLOBALG.A.P. Certification to
maintain or even improve our position in the market. For such purpose, we conduct an
evaluation in our company. In the context of such an evaluation various data are collected,
processed and used by one of the accredited certification bodies (referred to hereinafter
collectively as “the handling of” data or “handling” data) and such data are evaluated
afterwards.
The GLOBALG.A.P. Certification process must also comprise a risk assessment regarding
the social concerns of workers, also called Risk Assessment on Social Practice („GRASP“).
To enable us to also implement the GRASP module in the framework of the GLOBALG.A.P.
Certification and safeguard at the same time the interests and rights of our employees, it is
necessary for us to handle various information relating to you including but not limited to
personal data in terms of § 3 subs. 1 Bundesdatenschutzgesetz (German Data Protection
Act – “BDSG“) which fall under the scope of protection of the BDSG.
§ 4 subs. 1 BDSG provides that the handling of personal data is only permitted if such
handling is authorized by law, particularly by the BDSG as such or the Sozialgesetzbuch
(German Social Code – “SGB“) or another legal regulation or if the person concerned by the
use of the data – i.e. here you as the employee (simply referred to hereinafter as “employee“,
“you“ or “I“) has given to us his/her consent to such handling of his/her personal data.
By the declaration of consent set out below, you declare your consent to the handling of your
personal data to the extent defined in the declaration of consent. Any other handling of your
personal data on our part which is not covered and authorized by this declaration of consent
or by law or another legal regulation is deemed to be explicitly prohibited.
1.
Personal data
1.1
The following master data are comprised by the present declaration of consent:
1.2
-
Surname, birth name, if any, first name/s, title
-
[ADD FURTHER MASTER DATA, IF ANY].
The following data relating to the economic and contractual environment of the
employer are comprised by the present declaration of consent:
Code Ref.: Sample Declaration of consent in terms of data protection law; English version
As amended on: 14/01/2014
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-
The commencement of the employment relationship and, where applicable, the
agreed expiry thereof,
-
Salary category as stipulated in the employment contract,
-
Agreed gross salary and due dates, less benefits in kind, if any, such as board
and lodging, heating and lighting,
-
Flat rates for overtime, if any,
-
Notice period and termination dates,
-
Habitual place of work,
-
Number of vacation days,
-
Agreed working hours,
-
Working hours served,
-
Applicable employment contract,
-
Applicable works agreements,
-
Name and address of the company pension fund,
-
[ADD FURTHER ECONOMIC DATA, IF ANY].
2.
Consent to data transfer to third parties by the employee
2.1
I hereby agree that my employer may transfer the data specified in sec. 1 to the
following persons and institutions for the purposes set out in the following (§ 3 subs. 4
No. 3 BDSG):
-
to the certification bodies accredited under ISO Standard 65/EN 45011 or ISO
17065 (referred to hereinafter as “certification body/bodies“) for the purpose of
obtaining the GLOBALG.A.P. Certification by way of disclosure or inspection of
the employment contract and the personnel file.
-
to FoodPLUS GmbH (referred to hereinafter as “FoodPLUS“) by way of
disclosure or inspection of the employment contract and the personnel file for the
purpose of entry in the GLOBALG.A.P. Database (referred to hereinafter as
“certification database“). FoodPLUS is the company which launched the
GLOBALG.A.P. Certification in the market.
2.2
Any other disclosure of the data specified in sec. 1 to third parties other than those
designated in sec. 2.1 is prohibited by both law and contract.
3.
Duties of the employer when handling personal data
3.1
When handling my personal data, my employer will always comply with the applicable
statutory provisions. I am entitled to request my employer at any time to provide me
with information according to § 4e subs. 1 BDSG regarding the kind and scope of the
handling of my personal data.
3.2
The employer will at any time upon request provide me with information regarding the
employer’s handling of my personal data, as is stipulated by § 34 BDSG. This is
without prejudice to the rights due to me under the BDSG including but not limited to
the right to correction, erasure and blocking of personal data.
Code Ref.: Sample Declaration of consent in terms of data protection law; English version
As amended on: 14/01/2014
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4.
Revocation of the consent
4.1
I am aware that the revocation of the consent has no impact on the existence and
validity of my employment relationship.
4.2
I am aware that I am entitled to revoke the consent given by me in whole or in part at
any time with effect for the future.
4.3
I am aware that the revocation of the consent is without prejudice to the right of my
employer to handle my personal data to the extent permitted by law or any other legal
regulation according to § 4 subs. 1 BDSG.
I have understood the content of this declaration of consent.
_________________________
_________________________
Place, date
Signature employee
_________________________
_________________________
Place, date
Signature employer
i
The present sample declaration does by no means claim to be complete, accurate and up to date. It is solely to be understood
as a basis for orientation and formulation and is only intended as a suggestion for the user of this sample. However, it does not
release the user of this sample from his/her duty to carefully examine the contents on his/her own before adopting it unchanged.
The user, before adopting the content of this sample declaration, must examine on his/her own whether the individual clauses
and provisions are in conformity with the law and case law and whether or not the sample needs to be adjusted from time to
time, depending on the specific situation or constellation to be regulated.
Code Ref.: Sample Declaration of consent in terms of data protection law; English version
As amended on: 14/01/2014
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