DPA Legal Agreement Template for Belgium

The DPA Legal Agreement is a crucial document required whenever an organization (controller) engages another party (processor) to process personal data on its behalf within the Belgian legal framework. This agreement is mandated by Article 28 of the GDPR and the Belgian Data Protection Act of 2018, ensuring proper safeguards for personal data processing activities. It details the processor's obligations, security requirements, data breach procedures, and compliance mechanisms while incorporating specific Belgian legal requirements. The agreement is essential for establishing clear responsibilities, limiting liability, and demonstrating compliance to regulatory authorities. It must be in place before any data processing begins and should be regularly reviewed to ensure continued compliance with evolving data protection standards and Belgian regulatory guidance.

1. Parties: Identification of the data controller and data processor, including registered addresses and company details

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

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

4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes

5. Duration: Term of the agreement and processing activities

6. Obligations of the Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions

7. Obligations of the Controller: Controller's responsibilities and obligations regarding instructions and compliance

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

9. Data Security: Security measures and requirements for protecting personal data

10. Data Breach Notification: Procedures and timeframes for reporting data breaches

11. Data Subject Rights: Processor's assistance with data subject requests

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

13. International Data Transfers: Rules and safeguards for transferring data outside the EEA

14. Return or Deletion of Data: Obligations regarding data handling upon agreement termination

15. Liability and Indemnification: Allocation of liability and indemnification obligations

16. Termination: Conditions and procedures for terminating the agreement

17. Governing Law and Jurisdiction: Specification of Belgian law and jurisdiction