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A Data Sharing Agreement spells out the rules and responsibilities when organizations share personal or sensitive data with each other. In Belgium, these agreements must follow both the EU's GDPR and local privacy laws, making them essential tools for lawful data exchanges between companies, research institutions, or government bodies.

The agreement covers key points like what data will be shared, how it can be used, security measures, and each party's obligations. It helps protect both the data subjects and the organizations involved by clearly defining data handling standards, breach notification procedures, and compliance requirements under Belgian law. Think of it as a safety contract that keeps sensitive information properly protected while allowing necessary collaboration.

Use a Data Sharing Agreement whenever your organization needs to exchange personal data with another party - for example, when sharing customer databases with service providers, collaborating on research projects, or transferring employee information to HR contractors. Under Belgian law and GDPR, these agreements become mandatory when handling sensitive data or large-scale data transfers.

The timing is crucial: put this agreement in place before any data changes hands. Many organizations need one when outsourcing services, joining research consortiums, or working with marketing partners. Having it ready early helps avoid data protection violations, simplifies compliance reporting, and creates clear accountability if something goes wrong during the data exchange.

• Data Disclosure Agreement: Basic version focused on one-way data transfers, commonly used for sharing limited datasets with service providers
• Security Sharing Agreement: Enhanced version with detailed security protocols, ideal for sensitive data or high-risk transfers
• Content Sharing Agreement: Specialized for digital content and metadata sharing between platforms or publishers
• Intercompany Data Sharing Agreement: Structured for data exchanges between separate companies
• Intra Group Data Sharing Agreement: Tailored for data flows between entities within the same corporate group

• Data Protection Officers: Lead the drafting process and ensure compliance with Belgian privacy laws and GDPR requirements
• Legal Departments: Review and customize Data Sharing Agreements to protect their organization's interests
• IT Security Teams: Implement technical requirements and security measures specified in the agreement
• Business Unit Managers: Define operational needs and oversee practical implementation of data sharing procedures
• External Organizations: Partner companies, research institutions, or service providers receiving or sharing data
• Compliance Officers: Monitor ongoing adherence to agreement terms and handle regulatory reporting

• Data Inventory: List all types of data to be shared, including personal data categories under GDPR
• Party Details: Gather full legal names, registration numbers, and contact information for all organizations involved
• Purpose Definition: Document specific reasons for data sharing and intended uses
• Security Measures: Detail encryption methods, access controls, and data protection protocols
• Transfer Methods: Specify how data will be transmitted and stored securely
• Duration Planning: Define sharing timeframes and data retention periods
• Compliance Check: Review Belgian DPA guidelines and GDPR requirements before finalizing

• Party Identification: Full legal names, addresses, and roles (data controller/processor) of all parties
• Data Description: Detailed specification of data types, categories, and processing purposes
• Legal Basis: GDPR compliance justification and Belgian privacy law requirements
• Security Measures: Technical and organizational safeguards for data protection
• Transfer Mechanisms: Methods and protocols for secure data sharing
• Duration Terms: Agreement period, data retention, and deletion requirements
• Breach Protocol: Notification procedures and response timelines
• Liability Clauses: Risk allocation and responsibility boundaries between parties
• Governing Law: Belgian law application and jurisdiction specifications

A Data Sharing Agreement differs significantly from a Data Processing Agreement in both scope and purpose. While both deal with data handling under Belgian law, they serve distinct functions in ensuring GDPR compliance.

• Primary Purpose: Data Sharing Agreements govern the exchange of data between independent parties who both act as data controllers. Data Processing Agreements regulate how one party processes data on behalf of another
• Control and Responsibility: In sharing agreements, both parties maintain independent control over the data. In processing agreements, one party acts under the direct instructions of the other
• Legal Requirements: Sharing agreements focus on transfer conditions and mutual obligations. Processing agreements must detail specific GDPR Article 28 requirements about processor obligations
• Risk Management: Sharing agreements address mutual risks and joint liability. Processing agreements primarily protect the controller and define processor limitations