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Data Controller Agreement
"I need a Data Controller Agreement governed by Belgian law for my fintech company to share customer financial data with a credit scoring partner, with specific provisions for automated decision-making and profiling, to be implemented by March 2025."
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 data processing activities
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and Belgian law references
4. Scope and Purpose: Detailed description of the data processing activities covered by the agreement
5. Roles and Responsibilities: Clear delineation of each party's responsibilities as data controllers
6. Data Protection Principles: Commitment to GDPR principles and specific measures for ensuring compliance
7. Data Subject Rights: Procedures for handling data subject requests and ensuring rights are respected
8. Security Measures: Technical and organizational measures required for data protection
9. Data Breach Notification: Procedures and timelines for notifying about and handling data breaches
10. Liability and Indemnification: Allocation of liability between parties and indemnification provisions
11. Term and Termination: Duration of agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of Belgian law application and jurisdiction
13. General Provisions: Standard contractual clauses including severability, entire agreement, and amendments
1. International Transfers: Required when personal data may be transferred outside the EEA
2. Audit Rights: Optional section detailing mutual audit rights and procedures
3. Insurance Requirements: Specific insurance obligations for high-risk processing activities
4. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals
5. Supervisory Authority Cooperation: Specific procedures for cooperating with the Belgian Data Protection Authority
6. Sub-processing: Required if either controller may engage sub-processors
7. Joint Controller Specific Arrangements: Required when parties are acting as joint controllers under Article 26 GDPR
1. Schedule 1 - Categories of Personal Data: Detailed list of personal data categories being processed
2. Schedule 2 - Processing Activities: Detailed description of processing activities, purposes, and legal bases
3. Schedule 3 - Technical and Organizational Measures: Specific security measures implemented by both parties
4. Schedule 4 - Contact Points: List of key contacts for operational, security, and data protection matters
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Standard Forms: Template forms for data subject requests, breach notifications, and other standard communications
Authors
Applicable Data Protection Law
Belgian Data Protection Act
Belgian Data Protection Authority
Business Day
Business Hours
Confidential Information
Controller
Data Protection Impact Assessment
Data Protection Laws
Data Subject
Data Subject Request
EEA
Effective Date
GDPR
Information Security Incident
Joint Processing Activities
Legal Basis
Notice
Personal Data
Personal Data Breach
Processing
Processor
Regulatory Authority
Representatives
Security Measures
Sensitive Personal Data
Services
Special Categories of Personal Data
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Mechanisms
Working Day
Definitions
Scope
Data Protection Compliance
Controller Obligations
Data Processing Requirements
Data Subject Rights
Security Requirements
Confidentiality
Data Breach Notification
Audit Rights
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Subcontracting
Notice
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
International Transfer
Regulatory Compliance
Record Keeping
Cooperation
Financial Services
Healthcare
Technology
E-commerce
Professional Services
Education
Insurance
Telecommunications
Manufacturing
Retail
Marketing and Advertising
Research and Development
Public Sector
Consulting
Legal
Compliance
Information Security
Risk Management
Data Protection
Information Technology
Privacy
Procurement
Operations
Information Management
Data Protection Officer
Chief Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
Chief Information Security Officer
Privacy Manager
Chief Legal Officer
Contracts Manager
Chief Technology Officer
Chief Information Officer
Data Protection Specialist
Compliance Officer
Privacy Analyst
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