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Data Security Agreement

Data Security Agreement Template for Belgium

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Key Requirements PROMPT example:

Data Security Agreement

"I need a Data Security Agreement governed by Belgian law for my software company providing cloud services to a major retail client, with specific focus on GDPR compliance and incident response procedures, to be implemented by March 2025."

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Document background
A Data Security Agreement is essential when organizations need to establish clear security requirements and responsibilities for protecting sensitive data. This document, governed by Belgian law, is typically used when parties share, process, or store sensitive data and need to ensure appropriate security measures are in place. It incorporates requirements from the EU General Data Protection Regulation (GDPR), the Belgian Data Protection Act, and other relevant Belgian legislation. The agreement covers technical security controls, incident response procedures, audit requirements, and compliance obligations. It's particularly important for cross-border data transfers within the EU and international data flows where Belgian entities are involved, and when organizations need to demonstrate compliance with data protection regulations to their stakeholders.
Suggested Sections

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 the data security arrangements

3. Definitions: Definitions of technical terms, security concepts, and key agreement terminology

4. Scope and Application: Extent of the agreement's application, systems and data covered

5. Data Security Requirements: Core security standards, protocols, and requirements that must be maintained

6. Access Controls: Requirements for authentication, authorization, and access management

7. Data Protection Compliance: GDPR and Belgian law compliance requirements, including data processing principles

8. Security Incident Management: Procedures for identifying, reporting, and managing security incidents

9. Audit and Compliance Monitoring: Rights and procedures for security audits and ongoing compliance monitoring

10. Confidentiality Obligations: Requirements for maintaining confidentiality of data and security measures

11. Liability and Indemnification: Allocation of liability for security breaches and indemnification provisions

12. Term and Termination: Duration of agreement and circumstances for termination

13. General Provisions: Standard contractual provisions including governing law, notices, and amendments

Optional Sections

1. Business Continuity and Disaster Recovery: Requirements for maintaining service continuity and recovering from disasters - include if critical systems or data are involved

2. Third Party Management: Requirements for managing security of third-party vendors and suppliers - include if subcontractors will have access to systems or data

3. Cross-border Data Transfers: Provisions for secure international data transfers - include if data will be transferred outside the EU

4. Insurance Requirements: Specific cybersecurity insurance obligations - include for high-value or high-risk arrangements

5. Physical Security Requirements: Physical security measures for facilities and hardware - include if physical access to systems is relevant

Suggested Schedules

1. Technical Security Requirements: Detailed technical specifications for security controls and measures

2. Security Incident Response Plan: Detailed procedures and contact information for security incident response

3. Compliance Checklist: Specific security standards and requirements that must be met

4. Data Categories and Security Classifications: Categories of data covered and their security classification levels

5. Approved Security Tools and Technologies: List of approved security tools, software, and technologies

6. Security Audit Requirements: Detailed requirements and procedures for security audits

7. Contact Details and Escalation Matrix: Contact information for key personnel and escalation procedures

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
Authorized Personnel
Breach Notification
Confidential Information
Data Controller
Data Processor
Data Protection Laws
Data Subject
Information Security Incident
Information Security Policy
Information System
Personal Data
Processing
Security Controls
Security Requirements
Security Standards
Sensitive Data
Services
Third Party
Technical and Organizational Measures
Access Controls
Authentication
Authorization
Availability
Business Day
Confidentiality
Cyber Attack
Data Center
Data Protection Impact Assessment
Disaster Recovery Plan
Encryption
Force Majeure
GDPR
Intellectual Property Rights
Integrity
Malicious Code
Network
Privacy Impact Assessment
Risk Assessment
Security Audit
Security Documentation
Security Patch
Service Level Agreement
Subprocessor
System Administrator
Vulnerability
Clauses
Data Security
Confidentiality
Access Control
Audit Rights
Compliance
Data Protection
Security Breach
Incident Response
Liability
Indemnification
Force Majeure
Termination
Amendment
Assignment
Insurance
Governing Law
Dispute Resolution
Notices
Severability
Entire Agreement
Security Standards
Data Processing
Subcontracting
Service Levels
Business Continuity
Disaster Recovery
Personnel Security
Physical Security
Network Security
System Security
Breach Notification
Risk Management
Training Requirements
Documentation
Reporting
Relevant Industries

Technology

Financial Services

Healthcare

Telecommunications

Professional Services

Manufacturing

Retail

Education

Insurance

Public Sector

Energy

Transportation

E-commerce

Relevant Teams

Legal

Information Security

IT

Compliance

Risk Management

Privacy

Data Protection

Information Governance

Security Operations

Procurement

Vendor Management

Relevant Roles

Chief Information Security Officer

Data Protection Officer

IT Security Manager

Privacy Officer

Compliance Manager

Legal Counsel

Information Security Analyst

Risk Manager

IT Director

Chief Technology Officer

Security Operations Manager

Chief Privacy Officer

Contract Manager

Information Governance Manager

Security Architect

Industries
GDPR: General Data Protection Regulation (EU) 2016/679 - The fundamental EU regulation on data protection and privacy, directly applicable in Belgium
Belgian Data Protection Act: Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data - Belgian implementation of GDPR
NIS Law: Law of 7 April 2019 establishing a framework for the security of network and information systems of general interest for public security - Belgian cybersecurity law
Belgian Civil Code: Basic contract law principles affecting the formation and enforcement of agreements in Belgium
eIDAS Regulation: Regulation (EU) No 910/2014 on electronic identification and trust services - Relevant for electronic signatures and digital identity verification
Belgian Electronic Communications Act: Law of 13 June 2005 on electronic communications - Governs electronic communications and related security measures
Belgian Enterprise Code: Code of Economic Law - Contains provisions relevant to business agreements and electronic commerce
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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