Personal Data Agreement Template for Belgium

This Personal Data Agreement is essential whenever an organization (acting as a data controller) engages another party to process personal data on its behalf, or when organizations act as joint controllers under Belgian law and GDPR requirements. The agreement is mandatory under Article 28 of the GDPR and the Belgian Data Protection Act of 2018, ensuring proper documentation of data processing activities and responsibilities. It covers crucial aspects such as the scope of processing, security measures, confidentiality obligations, and compliance requirements. This document is particularly important in the Belgian context as it must comply with both EU-wide regulations and specific Belgian national law provisions, including requirements set forth by the Belgian Data Protection Authority.

1. Parties: Identification of the contracting parties and their roles (data controller, data processor, or joint controllers)

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms aligned with GDPR Article 4 and other relevant terms

4. Scope and Purpose: Details of the personal data processing activities covered by the agreement

5. Obligations of the Data Controller: Responsibilities and duties of the data controller, including providing documented instructions

6. Obligations of the Data Processor: Comprehensive obligations of the data processor under GDPR Article 28

7. Technical and Organizational Measures: Security measures implemented to ensure appropriate level of data protection

8. Sub-processing: Conditions and requirements for engaging sub-processors

9. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights

10. Personal Data Breach: Notification requirements and procedures in case of data breaches

11. Audit Rights: Controllers right to audit and processors obligation to demonstrate compliance

12. Term and Termination: Duration of the agreement and termination provisions

13. Return or Deletion of Data: Obligations regarding personal data upon termination

14. Liability and Indemnities: Allocation of liability and indemnification provisions

15. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction