The Data Protection Contract is essential for organizations engaging in personal data processing activities within Belgium's jurisdiction. This document is required whenever one party (the data processor) processes personal data on behalf of another party (the data controller) under Belgian law. It ensures compliance with the General Data Protection Regulation (GDPR) and the Belgian Data Protection Act of 2018, addressing key requirements such as data security, breach notification, sub-processing, and international transfers. The contract is particularly crucial given Belgium's role as a key EU jurisdiction and home to many European institutions, requiring strict adherence to both national and EU data protection standards. It should be used to establish clear responsibilities, liabilities, and operational procedures for handling personal data, while incorporating specific Belgian legal requirements and supervisory authority guidelines.
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1. Parties: Identification of the contracting parties including their roles (data controller/processor)
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms, including GDPR-specific terminology
4. Scope and Purpose: Details of the data processing activities and their permitted purposes
5. Data Protection Obligations: Core obligations regarding data processing, including lawfulness, fairness, and transparency
6. Security Measures: Technical and organizational measures required to ensure appropriate security
7. Sub-processing: Conditions and requirements for engaging sub-processors
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
9. Data Breaches: Notification requirements and procedures for handling data breaches
10. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
11. International Transfers: Rules and safeguards for transferring personal data outside the EEA
12. Term and Termination: Duration of the agreement and termination provisions
13. Return or Deletion of Data: Obligations regarding personal data upon contract termination
14. Liability and Indemnification: Allocation of risks and responsibilities between parties
15. General Provisions: Standard contractual clauses including governing law, jurisdiction, and amendments
1. Specific Processing Instructions: Detailed processing instructions when the processing activities are complex or highly specific
2. Data Protection Impact Assessment: Include when processing is likely to result in high risk to individuals
3. Joint Controller Provisions: Required when parties act as joint controllers rather than controller-processor
4. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)
5. Brexit Provisions: Specific provisions for UK-related data transfers if relevant
6. Emergency Protocols: Special procedures for emergency situations affecting data processing
7. Insurance Requirements: Specific insurance obligations for high-risk processing activities
1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data and data subjects
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms and safeguards
5. Schedule 5 - Contact Points: Key contacts for operational, security and privacy matters
6. Appendix A - Data Breach Response Plan: Detailed procedures and contact information for breach response
7. Appendix B - Audit Procedures: Detailed procedures for conducting compliance audits
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