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Data Exchange Agreement

Data Exchange Agreement Template for Belgium

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Key Requirements PROMPT example:

Data Exchange Agreement

"I need a Data Exchange Agreement for sharing customer analytics data between my Belgian fintech company and a major retail bank, with implementation planned for March 2025, ensuring GDPR compliance and including specific provisions for financial data security."

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Document background
The Data Exchange Agreement is essential in today's data-driven business environment, particularly under Belgian jurisdiction where both national and EU regulations must be considered. This document is typically used when organizations need to establish a formal framework for sharing data, whether for business operations, research, or service delivery. It addresses critical aspects such as data protection, security measures, and compliance with Belgian law and GDPR requirements. The agreement is particularly relevant given Belgium's role as a major European business hub and its strict data protection regime. It covers various scenarios from simple bilateral data sharing to complex multi-party arrangements, ensuring all parties understand their obligations and rights regarding data exchange, processing, and protection.
Suggested Sections

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

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Purpose and Scope: Detailed description of the purpose of data exchange and scope of the agreement

5. Data Description: Description of the categories of data to be exchanged

6. Roles and Responsibilities: Clear definition of each party's role (controller/processor) and their responsibilities

7. Data Transfer Mechanisms: Methods and protocols for exchanging data

8. Security Requirements: Security measures required for data protection during transfer and storage

9. Confidentiality Obligations: Obligations regarding confidentiality and data protection

10. Data Protection and GDPR Compliance: Specific provisions ensuring compliance with GDPR and Belgian data protection laws

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 as governing law and jurisdiction for disputes

14. General Provisions: Standard contractual clauses including force majeure, severability, and entire agreement

Optional Sections

1. Cross-Border Transfers: Required when data will be transferred outside the EU/EEA

2. Audit Rights: Detailed audit provisions when regular compliance verification is needed

3. Data Breach Notification: Specific procedures for handling data breaches beyond standard requirements

4. Intellectual Property Rights: Required when the exchanged data involves IP rights

5. Sub-processing: Needed when either party may engage sub-processors

6. Insurance Requirements: Specific insurance obligations for high-risk data exchange

7. Business Continuity: Required for critical data exchange operations

8. Change Management: Procedures for managing changes to data exchange processes

Suggested Schedules

1. Schedule 1 - Data Specifications: Detailed technical specifications of the data to be exchanged

2. Schedule 2 - Security Standards: Detailed security requirements and protocols

3. Schedule 3 - Service Levels: Performance metrics and service level requirements

4. Schedule 4 - Contact Details: Key contacts and escalation procedures

5. Schedule 5 - Technical Integration Requirements: Technical details for system integration

6. Schedule 6 - Data Processing Activities: Detailed description of processing activities as required by GDPR

7. Appendix A - Standard Contractual Clauses: If required for international transfers

8. Appendix B - Data Protection Impact Assessment: Summary of DPIA if conducted

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Authorized Users
Belgian Data Protection Act
Business Day
Confidential Information
Data
Data Access
Data Breach
Data Controller
Data Exchange
Data Format
Data Processor
Data Protection Laws
Data Protection Impact Assessment
Data Quality
Data Recipient
Data Security
Data Subject
Data Transfer
Effective Date
Force Majeure
GDPR
Intellectual Property Rights
Material Breach
Personal Data
Processing
Processing Records
Regulatory Authority
Representatives
Security Incident
Security Measures
Sensitive Data
Services
Special Categories of Personal Data
Sub-processor
System
Technical Specifications
Term
Third Party
Transfer Mechanism
Working Hours
Relevant Industries

Technology

Healthcare

Financial Services

Manufacturing

Retail

Telecommunications

Research and Development

Professional Services

Insurance

Energy

Transportation and Logistics

Education

Public Sector

Pharmaceutical

Relevant Teams

Legal

Information Technology

Information Security

Data Protection

Compliance

Risk Management

Operations

Business Development

Project Management

Research and Development

Commercial

Data Analytics

Systems Integration

Enterprise Architecture

Relevant Roles

Chief Information Officer

Data Protection Officer

Legal Counsel

Privacy Officer

Information Security Manager

Compliance Manager

IT Director

Chief Technology Officer

Data Manager

Business Development Manager

Risk Manager

Operations Director

Project Manager

Systems Integration Manager

Chief Data Officer

Commercial Director

Industries
General Data Protection Regulation (GDPR): EU Regulation 2016/679 on data protection and privacy, establishing rules for personal data processing, transfer, and protection
Belgian Data Protection Act: Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, implementing GDPR in Belgian national law
Belgian Civil Code: Fundamental law governing contracts and obligations in Belgium, particularly Book III on contractual obligations
Belgian Code of Economic Law: Contains provisions on electronic commerce, electronic signatures, and business-to-business relationships
EU eIDAS Regulation: Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions
Belgian Competition Law: Book IV of the Code of Economic Law, relevant if the data exchange could impact market competition
Network and Information Systems (NIS) Directive Implementation: Belgian law implementing EU Directive on security of network and information systems, relevant for cybersecurity requirements
Trade Secrets Act: Belgian law of 30 July 2018 on the protection of trade secrets, important if confidential business information is exchanged
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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