Commissioned Data Processing Agreement Template for Belgium

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Key Requirements PROMPT example:

Commissioned Data Processing Agreement

"I need a Commissioned Data Processing Agreement under Belgian law for my cloud storage company acting as a processor for multiple EU clients, with specific provisions for international transfers to our US-based data centers and sub-processor arrangements."

Document background
The Commissioned Data Processing Agreement is a mandatory legal instrument required under Article 28 of the GDPR when a company (controller) engages another party (processor) to process personal data on its behalf. This document, governed by Belgian law, establishes the framework for compliant data processing activities, including specific obligations, technical and organizational measures, and liability provisions. It should be used whenever a Belgian company outsources data processing activities or when Belgian law governs the processing relationship. The agreement addresses critical aspects such as data security, breach notification, sub-processor engagement, and international data transfers, while ensuring compliance with both EU-wide GDPR requirements and specific Belgian data protection regulations.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including official registration details as required under Belgian law

2. Background: Context of the processing relationship and brief description of the services requiring data processing

3. Definitions: Definitions of key terms, incorporating GDPR Article 4 definitions and agreement-specific terms

4. Scope and Purpose of Processing: Detailed description of the processing activities, purposes, and types of personal data involved

5. Duration of Processing: Timeframe for the processing activities and relationship between parties

6. Obligations of the Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions

7. Sub-processing: Conditions and requirements for engaging sub-processors, including authorization process

8. Technical and Organizational Measures: Security measures implemented to ensure appropriate level of data protection

9. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests

10. Personal Data Breach: Notification requirements and procedures in case of data breaches

11. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

12. Data Transfer: Rules for international data transfers and required safeguards

13. Confidentiality: Confidentiality obligations regarding processed personal data

14. Liability and Indemnification: Allocation of liability and indemnification obligations between parties

15. Termination: Conditions for termination and data deletion/return obligations

16. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

Optional Sections

1. Special Categories of Personal Data: Additional safeguards for processing sensitive data categories - include when processing special categories under Article 9 GDPR

2. Data Protection Impact Assessment: Processor's obligations to assist with DPIAs - include when processing is likely to result in high risk

3. Joint Controller Provisions: Additional provisions when parties act as joint controllers for certain processing activities

4. Insurance Requirements: Specific insurance obligations - include for high-risk or large-scale processing

5. Business Continuity: Business continuity and disaster recovery requirements - include for critical processing activities

6. Exit Management: Detailed exit management procedures - include for complex processing arrangements

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations

2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by the processor

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms where applicable

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling personal data breaches

6. Appendix A - Contact Points: List of key contacts for operational, security, and breach notification purposes

7. Appendix B - Standard Forms: Standard forms for sub-processor approval, audit requests, and other routine communications

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
Relevant Industries

Technology and Software

Healthcare

Financial Services

E-commerce

Professional Services

Manufacturing

Education

Telecommunications

Retail

Insurance

Human Resources

Consulting

Marketing and Advertising

Cloud Services

Research and Development

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Procurement

Data Protection

Operations

Information Governance

Privacy

Vendor Management

Commercial

Technology Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Officer

IT Director

Chief Technology Officer

Risk Manager

Procurement Manager

Contract Manager

Chief Information Security Officer

Privacy Counsel

Commercial Director

Operations Manager

Chief Legal Officer

Data Protection Specialist

Information Governance Manager

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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