Data Privacy Contract Template for Belgium

This Data Privacy Contract is essential for organizations engaged in the processing of personal data under Belgian law, where one party acts as a data controller and another as a data processor. The document is specifically designed to comply with both the EU General Data Protection Regulation (GDPR) and the Belgian Data Protection Act of 2018. It should be used whenever an organization (controller) engages another party (processor) to process personal data on its behalf, whether for services such as cloud storage, payment processing, HR management, or any other data processing activities. The contract includes mandatory provisions required by Article 28 of the GDPR, specific Belgian legal requirements, and practical mechanisms for ensuring compliance. It addresses key aspects such as data security, breach notification, sub-processing, international transfers, and audit rights, while incorporating Belgian-specific legal interpretations and requirements.

1. Parties: Identification of the data controller and data processor, including full legal names, registration details, and registered addresses

2. Background: Context of the data processing relationship and purpose of the agreement

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities and their specific purposes

5. Duration of Processing: Timeline for data processing activities and conditions for termination

6. Nature and Purpose of Processing: Detailed specification of how and why personal data will be processed

7. Types of Personal Data: Categories of personal data to be processed under the agreement

8. Categories of Data Subjects: Description of the types of individuals whose data will be processed

9. Obligations of the Data Processor: Processor's responsibilities including security measures, confidentiality, and sub-processing requirements

10. Obligations of the Data Controller: Controller's responsibilities including lawful basis for processing and instructions

11. Security Measures: Technical and organizational security measures required to protect the data

12. Sub-processing: Conditions and requirements for engaging sub-processors

13. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights

14. Data Breaches: Notification requirements and procedures in case of data breaches

15. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

16. Data Return and Deletion: Obligations regarding data handling upon contract termination

17. Liability and Indemnification: Allocation of responsibilities and liabilities between parties

18. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes