NDA Data Protection Template for Belgium

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Key Requirements PROMPT example:

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."

Document background
This NDA Data Protection agreement is essential for businesses operating in Belgium that need to share both confidential information and personal data with third parties. The document combines traditional NDA elements with comprehensive data protection provisions required under Belgian law and GDPR. It should be used when parties need to exchange sensitive information while ensuring compliance with data protection regulations, particularly in situations where one party may act as a data processor for the other. The agreement includes specific provisions for data security, processing limitations, breach notification requirements, and data subject rights, making it suitable for various business relationships where personal data processing is involved. It's particularly relevant in the context of service provider relationships, technology implementations, consulting engagements, and other business partnerships where data protection compliance is crucial.
Suggested Sections

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

Optional Sections

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)

Suggested Schedules

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

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

Relevant legal definitions
Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Research & Development

Education

Telecommunications

Retail

Consumer Services

Industrial Services

Biotechnology

Energy

Transportation & Logistics

Media & Entertainment

Relevant Teams

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

Relevant Roles

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

Industries
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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