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International Data Protection Agreement
"Need an International Data Protection Agreement for our Belgian tech company engaging a cloud service provider in Singapore, with specific focus on handling sensitive customer data and requirements for sub-processor approval."
1. Parties: Identification of the parties, their registered offices, and their roles (data controller, data processor, or joint controllers)
2. Background: Context of the agreement, relationship between the parties, and general purpose of the data processing activities
3. Definitions: Definitions of key terms, incorporating GDPR definitions and any additional agreement-specific terms
4. Scope and Purpose: Detailed description of the data processing activities, categories of data subjects, and types of personal data
5. Obligations of the Data Processor: Core processor obligations including processing only on documented instructions, confidentiality, security measures, and breach notification
6. Obligations of the Data Controller: Controller's responsibilities including lawful basis for processing, instructions, and cooperation requirements
7. International Transfers: Mechanisms and safeguards for international data transfers, including SCCs where applicable
8. Data Security: Technical and organizational security measures required to protect personal data
9. Data Breach Notification: Procedures and timeframes for reporting and handling personal data breaches
10. Audit Rights: Controller's audit rights and processor's obligations to demonstrate compliance
11. Term and Termination: Duration of the agreement, termination rights, and data deletion/return obligations
12. General Provisions: Standard contractual clauses including governing law, jurisdiction, amendments, and notices
1. Sub-processing: Include when the processor may engage sub-processors, specifying authorization requirements and obligations
2. Special Categories of Data: Include when processing sensitive data categories requiring additional safeguards
3. Joint Controller Provisions: Include when parties act as joint controllers, defining respective responsibilities
4. Data Protection Impact Assessment: Include when high-risk processing requires DPIA cooperation
5. Specific Belgian Requirements: Include when additional Belgian-specific data protection requirements apply
6. Insurance and Liability: Include when specific insurance requirements or liability caps are needed
7. Business Continuity: Include when specific disaster recovery and business continuity requirements are necessary
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including purposes, categories of data and data subjects
2. Schedule 2 - Technical and Organizational Measures: Detailed security measures and controls implemented to protect personal data
3. Schedule 3 - Standard Contractual Clauses: EU SCCs for international transfers, if applicable
4. Schedule 4 - Authorized Sub-processors: List of approved sub-processors and their processing activities
5. Schedule 5 - Contact Points and Procedures: Key contacts and detailed procedures for security incidents, data subject requests, and other notifications
6. Schedule 6 - Data Retention and Deletion: Specific requirements for data retention periods and deletion procedures
7. Schedule 7 - Audit Requirements: Detailed audit procedures, timelines, and requirements
Authors
Applicable Data Protection Laws
Belgian Data Protection Act
Business Day
Controller
Data Protection Impact Assessment
Data Subject
Data Subject Rights
EEA
EU Standard Contractual Clauses
GDPR
International Transfer
Joint Controller
Personal Data
Personal Data Breach
Processing
Processor
Professional Services
Restricted Transfer
Security Measures
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Transfer Mechanism
Authorized Persons
Confidential Information
Data Protection Officer
Force Majeure Event
Group Company
Intellectual Property Rights
Purpose
Representatives
Security Requirements
Services
Confidentiality
Security Requirements
International Transfer
Data Subject Rights
Breach Notification
Audit Rights
Sub-processing
Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Amendments
Notices
Governing Law
Jurisdiction
Dispute Resolution
Severability
Entire Agreement
Regulatory Compliance
Insurance
Warranties
Data Retention
Business Continuity
Intellectual Property
Third Party Rights
Language
Counterparts
Costs
Technology and Software
Healthcare and Pharmaceuticals
Financial Services
Professional Services
E-commerce and Retail
Manufacturing
Telecommunications
Education
Research and Development
Cloud Services
Consulting
Human Resources Services
Marketing and Advertising
Insurance
Logistics and Supply Chain
Legal
Compliance
Information Security
IT
Privacy
Risk Management
Procurement
Data Protection
Information Governance
International Operations
Corporate Affairs
Vendor Management
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Officer
Chief Technology Officer
Chief Information Officer
Risk Manager
Corporate Counsel
Privacy Manager
IT Security Manager
Procurement Manager
Contract Manager
Chief Legal Officer
International Business Development Manager
Data Governance Manager
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