Cyber Security Agreement Template for Belgium

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Key Requirements PROMPT example:

Cyber Security Agreement

"I need a Cyber Security Agreement for our Belgian fintech company engaging a third-party security provider to manage our cloud infrastructure security and incident response, with specific provisions for GDPR compliance and financial sector regulations."

Document background
The Cyber Security Agreement is essential for organizations operating in Belgium that need to establish formal cybersecurity arrangements with service providers or technology partners. This document is particularly relevant given the increasing cyber threats and stringent regulatory requirements in both Belgian and EU law. The agreement covers critical aspects such as security incident management, data protection compliance, technical security measures, and service level commitments. It is designed to align with Belgian cybersecurity legislation, the EU GDPR, NIS Directive, and other relevant regulations. The document is commonly used when engaging cybersecurity service providers, implementing security solutions, or establishing security frameworks between business partners. It includes detailed provisions for security standards, incident response procedures, liability allocation, and compliance requirements specific to the Belgian legal context.
Suggested Sections

1. Parties: Identification of the contracting parties, including registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of the cybersecurity services or obligations

3. Definitions: Detailed definitions of technical terms, security concepts, and key agreement terminology

4. Scope of Services: Detailed description of cybersecurity services, requirements, and deliverables

5. Security Standards and Requirements: Specific security standards, protocols, and requirements to be maintained

6. Incident Response and Reporting: Procedures for identifying, reporting, and responding to security incidents

7. Service Levels: Performance metrics, response times, and service level requirements

8. Compliance Requirements: Obligations to comply with relevant laws, regulations, and industry standards

9. Audit and Assessment Rights: Rights to conduct security audits and assessments

10. Confidentiality: Protection of confidential information exchanged between parties

11. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations

12. Term and Termination: Duration of agreement, renewal terms, and termination rights

13. General Provisions: Standard contract clauses including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Data Protection and GDPR Compliance: Required when personal data processing is involved, detailing GDPR compliance measures

2. Critical Infrastructure Requirements: Required when services involve critical infrastructure under Belgian law

3. Industry-Specific Requirements: Required for specific industry sectors with additional security requirements

4. Subcontractor Requirements: Required when subcontractors will be involved in providing security services

5. Insurance Requirements: Detailed insurance obligations, required for high-risk security services

6. Business Continuity and Disaster Recovery: Required for critical security services requiring continuous operation

7. Access Management: Required when agreement involves managing access to systems or facilities

8. Training and Awareness: Required when security awareness training is part of the services

Suggested Schedules

1. Technical Requirements: Detailed technical specifications and security requirements

2. Service Level Agreement: Detailed service levels, metrics, and performance requirements

3. Security Policies and Procedures: Specific security policies and procedures to be followed

4. Incident Response Plan: Detailed procedures for responding to security incidents

5. Contact Details and Escalation Matrix: Key contacts and escalation procedures for security incidents

6. Compliance Checklist: Checklist of regulatory and compliance requirements

7. Price Schedule: Pricing details and payment terms for security services

8. Approved Subcontractors: List of approved subcontractors and their security credentials

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

Telecommunications

Government and Public Sector

Energy and Utilities

Manufacturing

Retail

Professional Services

Transportation and Logistics

Education

Insurance

Pharmaceutical

Defense

Relevant Teams

Information Security

Legal

Compliance

IT Operations

Risk Management

Procurement

Data Protection

Infrastructure

Security Operations Center

Vendor Management

Corporate Security

Technology Governance

Relevant Roles

Chief Information Security Officer (CISO)

IT Security Manager

Compliance Officer

Data Protection Officer

IT Director

Risk Manager

Security Operations Manager

Chief Technology Officer (CTO)

Information Security Analyst

Security Architect

Privacy Officer

Chief Information Officer (CIO)

IT Procurement Manager

Security Consultant

Legal Counsel

Contract Manager

Industries
EU General Data Protection Regulation (GDPR): The fundamental EU regulation on data protection and privacy, which has direct application in Belgium and sets requirements for personal data processing, security measures, and data breach notifications.
Belgian Data Protection Act of 30 July 2018: The national law implementing and supplementing the GDPR in Belgium, providing specific requirements for data processing activities.
NIS Directive (Network and Information Security) and Belgian NIS Law: Legislation concerning measures for a high common level of security of network and information systems across the EU, implemented in Belgian law.
Belgian Cybercrime Law: Articles 550bis and 550ter of the Belgian Criminal Code, dealing with computer-related crimes including hacking and cyber attacks.
eIDAS Regulation (EU) 910/2014: EU regulation on electronic identification and trust services, relevant for digital signatures and electronic transactions in cybersecurity agreements.
Belgian Electronic Communications Act: Regulates electronic communications networks and services, including security and confidentiality requirements.
Critical Infrastructure Protection Law: Belgian legislation implementing EU Directive 2008/114/EC on critical infrastructure protection, relevant if the agreement involves critical systems or infrastructure.
EU Cybersecurity Act (Regulation 2019/881): Establishes an EU cybersecurity certification framework for ICT products, services, and processes.
Belgian Digital Act: National legislation governing electronic commerce and digital services, including security requirements for online service providers.
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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