Personal Data Protection Agreement Template for Belgium

The Personal Data Protection Agreement is essential for organizations operating under Belgian jurisdiction that engage in the processing of personal data. This document is particularly crucial given Belgium's strict implementation of GDPR through the Belgian Data Protection Act of 2018. It should be used whenever an organization (data controller) engages another party (data processor) to process personal data on its behalf, or when joint controllers collaborate on data processing activities. The agreement covers crucial aspects such as processing scope, security measures, breach notifications, and compliance requirements, while ensuring adherence to both Belgian and EU data protection standards. It's particularly important given the Belgian Data Protection Authority's active enforcement stance and the potential for significant penalties under both national and EU law.

1. Parties: Identification of the data controller and data processor, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of data processing

3. Definitions: Key terms used in the agreement, aligned with GDPR Article 4 definitions and Belgian Data Protection Act terminology

4. Scope and Purpose of Processing: Detailed description of what personal data will be processed and for what specific purposes

5. Duration of Processing: Timeframe for data processing activities and agreement validity

6. Nature and Purpose of Processing: Specific details about how data will be processed and the legitimate basis for processing

7. Types of Personal Data: Categories of personal data to be processed and categories of data subjects

8. Obligations of the Data Processor: Processor's responsibilities including security measures, confidentiality, and sub-processor requirements

9. Obligations of the Data Controller: Controller's responsibilities including lawful instructions and compliance with GDPR principles

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

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

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

13. Data Breach Notification: Procedures and timeframes for reporting data breaches

14. Audit Rights: Controller's rights to audit processor's compliance

15. Data Transfer: Rules for transferring data, especially outside the EEA

16. Termination: Conditions for termination and data handling upon termination

17. Liability and Indemnification: Allocation of liability and indemnification obligations

18. Governing Law and Jurisdiction: Specification of Belgian law and jurisdiction