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1. Parties: Identification of the data controllers entering into the agreement, including registered addresses and registration numbers
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Purpose and Scope: Detailed description of the purposes for data sharing and scope of data processing activities
5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities under GDPR
6. Categories of Data and Data Subjects: Specification of personal data types being shared and categories of data subjects
7. Legal Basis for Processing: Documentation of the legal grounds under GDPR for processing and sharing personal data
8. Data Protection Principles: Commitment to GDPR principles including lawfulness, fairness, transparency, purpose limitation, and data minimization
9. Security Measures: Technical and organizational measures required to ensure data security
10. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
11. Personal Data Breaches: Notification requirements and procedures in case of data breaches
12. Confidentiality: Obligations regarding confidentiality of shared personal data
13. Term and Termination: Duration of the agreement and conditions for termination
14. Liability and Indemnification: Allocation of liability and indemnification obligations between controllers
15. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EEA, specifying transfer mechanisms and safeguards
2. Sub-processing: Include when either controller may engage sub-processors for data processing activities
3. Audit Rights: Optional section detailing mutual audit rights to ensure compliance verification
4. Insurance Requirements: Include when specific insurance coverage for data protection is required
5. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals
6. Joint Controller Arrangements: Include when certain processing activities involve joint controllership
7. Cost Allocation: Include when there are specific costs associated with data sharing or compliance activities
8. Force Majeure: Optional clause addressing unforeseeable circumstances affecting data processing obligations
1. Schedule 1 - Details of Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations
2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures implemented by each controller
3. Schedule 3 - Data Transfer Procedures: Procedures and formats for data sharing between controllers
4. Schedule 4 - Contact Points and Escalation Procedures: Key contacts and procedures for operational matters and emergencies
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Standard Contractual Clauses: If applicable, for transfers outside the EEA
7. Appendix B - Data Subject Rights Procedures: Detailed procedures for handling data subject requests
8. Appendix C - Compliance Checklist: Checklist for ongoing GDPR compliance monitoring
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