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Order Processing Agreement
"I need an Order Processing Agreement under Belgian law for my e-commerce company that will be using a cloud service provider to process customer payment data and order information, with the agreement starting from March 1, 2025."
1. Parties: Identification of the Controller (client) and Processor (service provider), including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the services, and relationship between the parties
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of data involved, and purposes of processing
5. Duration: Term of the agreement, including start date and termination conditions
6. Nature and Purpose of Processing: Specific details about how data will be processed and for what business purposes
7. Obligations of the Processor: Core responsibilities of the processor, including data security, confidentiality, and compliance with instructions
8. Obligations of the Controller: Responsibilities of the controller, including providing clear instructions and ensuring lawful basis for processing
9. Technical and Organizational Measures: Security measures required to protect personal data
10. Sub-processing: Conditions and requirements for engaging sub-processors
11. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with GDPR rights
12. Data Breach Notification: Procedures and timeframes for reporting data breaches
13. Audit Rights: Controller's rights to audit the processor's compliance
14. Data Return and Deletion: Obligations regarding data handling upon termination
15. Liability and Indemnification: Allocation of risk and responsibility between parties
16. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Cross-border Data Transfers: Required when data may be transferred outside the EEA, specifying transfer mechanisms and safeguards
2. Special Categories of Data: Required when processing sensitive personal data, specifying additional safeguards and requirements
3. Industry-Specific Compliance: Include when processing activities must comply with specific industry regulations (e.g., healthcare, financial services)
4. Business Continuity: Optional section detailing disaster recovery and business continuity requirements for critical processing activities
5. Insurance Requirements: Specific insurance obligations for high-risk or high-value processing activities
6. Performance Metrics: Service levels and performance requirements for time-sensitive processing activities
1. Schedule 1 - Processing Activities: Detailed description of all processing activities, including data categories, purposes, and processing operations
2. Schedule 2 - Technical and Organizational Measures: Detailed specification of security measures, including physical, technical, and organizational controls
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Data Transfer Mechanisms: Details of mechanisms used for any international data transfers
5. Schedule 5 - Contact Details: Key contacts for operational, technical, and legal matters
6. Schedule 6 - Service Levels: Performance metrics and service level agreements if applicable
Authors
Applicable Data Protection Law
Belgian Data Protection Act
Business Day
Controller
Data Subject
Data Protection Impact Assessment
EEA
EU Standard Contractual Clauses
Force Majeure
GDPR
Information Security Incident
Intellectual Property Rights
Personal Data
Personal Data Breach
Processing
Processor
Processing Instructions
Regulatory Authority
Representatives
Security Measures
Services
Special Categories of Personal Data
Sub-processor
Supervisory Authority
Technical and Organizational Measures
Term
Third Country
Third Party
Working Day
Scope of Processing
Duration and Termination
Processor Obligations
Controller Obligations
Data Security
Confidentiality
Sub-processing
Data Subject Rights
Data Protection Impact Assessment
International Data Transfers
Audit Rights
Data Breach Notification
Liability and Indemnification
Insurance
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Governing Law
Dispute Resolution
E-commerce
Financial Services
Healthcare
Technology
Retail
Manufacturing
Professional Services
Telecommunications
Logistics
Education
Insurance
Digital Marketing
Cloud Services
Consulting
Research and Development
Legal
Compliance
Information Technology
Information Security
Risk Management
Operations
Procurement
Privacy
Data Protection
Vendor Management
Contract Management
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
IT Director
Information Security Manager
Risk Manager
Operations Manager
Procurement Manager
Contract Manager
Chief Technology Officer
Chief Information Security Officer
Chief Privacy Officer
Business Development Manager
Project Manager
Vendor Management Officer
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