Data Disclosure Agreement Template for Belgium

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Key Requirements PROMPT example:

Data Disclosure Agreement

"I need a Data Disclosure Agreement for sharing customer analytics data between our Belgian fintech company and a third-party AI service provider in Germany, with specific provisions for GDPR compliance and cross-border data transfers."

Document background
A Data Disclosure Agreement is essential when organizations need to share sensitive or regulated data while ensuring legal compliance and data protection. This document type is particularly crucial in the Belgian legal context, where both national law and EU regulations (especially GDPR) create a complex regulatory framework for data handling. The agreement is typically used when companies need to share customer data, technical information, or other confidential data with third parties, service providers, or business partners. It includes comprehensive provisions for data security, processing limitations, breach notification requirements, and compliance measures specific to Belgian jurisdiction. The document serves as a crucial risk management tool, establishing clear responsibilities and liabilities while ensuring that all data handling activities remain compliant with Belgian and EU data protection requirements.
Suggested Sections

1. Parties: Identification of the data discloser and recipient, including registered addresses and company details

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Protection Laws'

4. Purpose and Scope: Specific purpose for which data is being disclosed and scope of permitted use

5. Data Protection Obligations: GDPR compliance requirements and specific data protection measures

6. Security Measures: Required technical and organizational security measures for data protection

7. Confidentiality Obligations: Requirements for maintaining confidentiality of disclosed data

8. Data Transfer and Processing: Rules governing data transfer, including international transfers and processing requirements

9. Breach Notification: Procedures for reporting and handling data breaches

10. Return or Destruction of Data: Requirements for handling data upon termination or request

11. Duration and Termination: Term of the agreement and termination provisions

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Governing Law and Jurisdiction: Specification of Belgian law and jurisdiction for disputes

Optional Sections

1. Third Party Access: Rules for allowing third party access to data, used when subcontractors or affiliates need access

2. Audit Rights: Provisions for auditing compliance, important for high-sensitivity data or regulatory requirements

3. Insurance Requirements: Specific insurance obligations, relevant for high-value or high-risk data

4. Data Minimization: Specific provisions for ensuring only necessary data is processed, important for complex data sets

5. Cross-Border Transfers: Detailed provisions for international data transfers, needed when data will leave the EU

6. Intellectual Property Rights: Provisions regarding IP rights in the data, relevant when disclosed data includes proprietary information

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term agreements

Suggested Schedules

1. Schedule 1 - Description of Data: Detailed description of the data being disclosed, including categories of personal data

2. Schedule 2 - Technical Security Measures: Specific technical and organizational security measures required

3. Schedule 3 - Authorized Personnel: List of authorized personnel who may access the data

4. Schedule 4 - Processing Activities: Detailed description of permitted processing activities

5. Schedule 5 - Sub-processors: List of approved sub-processors (if applicable)

6. Appendix A - Data Transfer Mechanisms: Details of mechanisms used for international data transfers

7. Appendix B - Contact Points: Key contacts for operational, technical and legal matters

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

Professional Services

Manufacturing

Research and Development

Education

Retail

Insurance

Pharmaceuticals

Consulting

Energy

Public Sector

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Privacy

Operations

Procurement

Information Governance

Project Management

Business Development

Technical Operations

Research and Development

Relevant Roles

Data Protection Officer

Chief Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Chief Information Security Officer

Risk Manager

IT Director

Chief Technology Officer

Business Development Manager

Contract Manager

Privacy Analyst

Information Governance Manager

Chief Legal Officer

Data Protection Specialist

Procurement Manager

Operations Director

Project 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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