Order Processing Agreement Template for Belgium

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Key Requirements PROMPT example:

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."

Document background
The Order Processing Agreement is essential for any business relationship where one party (the processor) processes personal data on behalf of another party (the controller) under Belgian jurisdiction. This document is required under Article 28 of the GDPR and Belgian data protection law, particularly the Law of 30 July 2018. It's used when services involve handling personal data, such as cloud storage, payment processing, or customer relationship management. The agreement must detail processing purposes, duration, data types, security measures, and compliance obligations. It's particularly crucial in Belgium, where specific national data protection requirements supplement EU regulations. The Order Processing Agreement should be implemented before any data processing begins and updated when processing activities change.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

E-commerce

Financial Services

Healthcare

Technology

Retail

Manufacturing

Professional Services

Telecommunications

Logistics

Education

Insurance

Digital Marketing

Cloud Services

Consulting

Research and Development

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Procurement

Privacy

Data Protection

Vendor Management

Contract Management

Relevant Roles

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

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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