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NDA Data Protection
"I need an NDA Data Protection agreement for a Belgian technology vendor who will be processing our customer data and maintaining our CRM system starting March 2025, with specific provisions for cloud storage and international data transfers."
1. Parties: Identification of the disclosing and receiving parties, including their legal representatives and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and personal data
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Controller, Data Processor, and other GDPR-specific terminology
4. Scope of Confidential Information: Description of what constitutes confidential information and personal data under the agreement
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
6. Data Protection Obligations: GDPR and Belgian Data Protection Act compliance requirements, including lawful basis for processing, data subject rights, and security measures
7. Security Measures: Technical and organizational measures required to protect confidential information and personal data
8. Duration and Survival: Term of the agreement and survival of obligations after termination
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information and personal data upon request or termination
10. Breach Notification: Procedures for reporting any breaches of confidentiality or personal data incidents
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Third Party Disclosure: Include when third parties may need access to confidential information or personal data, specifying conditions and obligations
2. International Data Transfers: Include when personal data may be transferred outside the EEA, addressing GDPR Chapter V requirements
3. Intellectual Property Rights: Include when confidential information includes IP-protected materials
4. Employee and Contractor Obligations: Include when the receiving party needs to share information with employees or contractors
5. Audit Rights: Include when regular audits of data protection compliance are required
6. Insurance Requirements: Include when specific insurance coverage for data protection incidents is required
7. Data Processing Agreement Provisions: Include when one party acts as data processor for the other (Article 28 GDPR requirements)
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Technical and Organizational Security Measures: Detailed description of security measures implemented to protect confidential information and personal data
3. Schedule 3 - Data Processing Activities: Details of personal data processing activities including categories of data subjects, types of personal data, and purposes of processing
4. Schedule 4 - Authorized Recipients: List of authorized individuals or roles who may access the confidential information
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Contact Details: Contact information for key personnel responsible for data protection and confidentiality matters
Authors
Personal Data
Special Categories of Personal Data
Processing
Data Controller
Data Processor
Data Subject
Authorized Recipients
Business Purpose
Affiliate
Representatives
Security Breach
Personal Data Breach
Technical and Organizational Measures
Supervisory Authority
Third Party
Agreement
Disclosing Party
Receiving Party
Effective Date
Trade Secrets
Permitted Purpose
Data Protection Laws
GDPR
Belgian Data Protection Act
Confidentiality Period
Transfer
Sub-processor
Data Protection Impact Assessment
Data Subject Rights
Regulatory Bodies
Group Company
Intellectual Property Rights
Professional Advisers
Relevant Personnel
Data Protection
Information Security
Breach Notification
Access Rights
Data Processing
Return of Information
Non-Disclosure
Permitted Use
Duration and Survival
Third Party Rights
Compliance
Audit Rights
Liability
Indemnification
Force Majeure
Assignment
Severability
Notices
Governing Law
Jurisdiction
Entire Agreement
Amendment
Waiver
Remedies
International Transfer
Sub-Processing
Data Subject Rights
Security Measures
Term and Termination
Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Research & Development
Education
Telecommunications
Retail
Consumer Services
Industrial Services
Biotechnology
Energy
Transportation & Logistics
Media & Entertainment
Legal
Compliance
Information Technology
Information Security
Privacy
Risk Management
Human Resources
Procurement
Research & Development
Operations
Data Management
Business Development
Contract Administration
Corporate Affairs
Information Governance
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Risk Manager
Project Manager
Business Development Manager
Operations Director
HR Manager
Procurement Manager
Research Director
Systems Administrator
Database Administrator
Chief Information Security Officer
Privacy Analyst
Compliance Officer
Contract Manager
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