Controller To Controller Agreement GDPR Template for Belgium

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Key Requirements PROMPT example:

Controller To Controller Agreement GDPR

"I need a Controller to Controller Agreement GDPR between my Belgian fintech company and a German financial services provider, covering the sharing of customer financial data for credit risk assessment, to be effective from March 1, 2025."

Document background
The Controller To Controller Agreement GDPR is essential when two or more organizations need to share personal data while acting as independent data controllers under EU data protection law. This agreement, governed by Belgian law, is required when each party independently determines the purposes and means of processing personal data and needs to ensure GDPR compliance in their data sharing activities. It becomes necessary when organizations engage in regular data exchange, joint projects, or business partnerships involving personal data processing. The document addresses crucial aspects such as data protection responsibilities, security measures, data subject rights, and breach notification procedures, while ensuring compliance with both the GDPR and specific Belgian data protection requirements. This agreement is particularly important given the significant fines and penalties under GDPR for non-compliance, and the increasing scrutiny of data protection authorities on data sharing arrangements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Healthcare

Technology

E-commerce

Professional Services

Education

Insurance

Telecommunications

Marketing and Advertising

Research and Development

Manufacturing

Retail

Transportation and Logistics

Real Estate

Hospitality

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Risk Management

Information Technology

Operations

Privacy

Commercial

Business Development

Procurement

Corporate Governance

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Chief Information Security Officer

Privacy Manager

Data Protection Specialist

Chief Legal Officer

Commercial Director

Business Development Manager

IT Director

Chief Technology Officer

Operations Manager

Project Manager

Contracts 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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