Data Use Agreement Template for Belgium

The Data Use Agreement is essential for organizations sharing data in Belgium and must comply with both EU and Belgian data protection regulations. This document is typically used when organizations need to establish clear parameters for data sharing, whether for research, commercial purposes, or operational needs. It includes specific provisions required under Belgian law and GDPR, such as data processing terms, security measures, and data subject rights. The agreement is particularly important in contexts where personal data is involved, though it can also cover non-personal data sharing. The Data Use Agreement should be implemented before any data transfer occurs and requires careful consideration of Belgian privacy laws, including the Data Protection Act of 2018, as well as sector-specific regulations that might apply to the particular data sharing arrangement.

1. Parties: Identification of the Data Provider and Data Recipient, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the data sharing arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms, 'Personal Data', 'Processing', 'Data Subject' and other GDPR-specific terminology

4. Purpose and Scope: Detailed description of the permitted purposes for data use and the scope of data sharing

5. Data Description: Detailed description of the data being shared, including data categories and formats

6. Data Protection Obligations: GDPR compliance requirements, including legal basis for processing, data protection principles, and security measures

7. Use Restrictions: Specific restrictions on how the data may be used, including prohibited uses and transfer restrictions

8. Security Requirements: Technical and organizational measures required for data protection

9. Confidentiality: Obligations regarding confidentiality of the shared data

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Data Retention and Deletion: Requirements for data retention periods and deletion procedures

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