The Controller To Controller Agreement GDPR is essential when two or more organizations need to share personal data while acting as independent data controllers under EU data protection law. This agreement, governed by Belgian law, is required when each party independently determines the purposes and means of processing personal data and needs to ensure GDPR compliance in their data sharing activities. It becomes necessary when organizations engage in regular data exchange, joint projects, or business partnerships involving personal data processing. The document addresses crucial aspects such as data protection responsibilities, security measures, data subject rights, and breach notification procedures, while ensuring compliance with both the GDPR and specific Belgian data protection requirements. This agreement is particularly important given the significant fines and penalties under GDPR for non-compliance, and the increasing scrutiny of data protection authorities on data sharing arrangements.
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1. Parties: Identification of the data controllers entering into the agreement, including registered addresses and registration numbers
2. Background: Context of the data sharing relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology
4. Purpose and Scope: Detailed description of the purposes for data sharing and scope of data processing activities
5. Roles and Responsibilities: Clear delineation of each controller's obligations and responsibilities under GDPR
6. Categories of Data and Data Subjects: Specification of personal data types being shared and categories of data subjects
7. Legal Basis for Processing: Documentation of the legal grounds under GDPR for processing and sharing personal data
8. Data Protection Principles: Commitment to GDPR principles including lawfulness, fairness, transparency, purpose limitation, and data minimization
9. Security Measures: Technical and organizational measures required to ensure data security
10. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
11. Personal Data Breaches: Notification requirements and procedures in case of data breaches
12. Confidentiality: Obligations regarding confidentiality of shared personal data
13. Term and Termination: Duration of the agreement and conditions for termination
14. Liability and Indemnification: Allocation of liability and indemnification obligations between controllers
15. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the EEA, specifying transfer mechanisms and safeguards
2. Sub-processing: Include when either controller may engage sub-processors for data processing activities
3. Audit Rights: Optional section detailing mutual audit rights to ensure compliance verification
4. Insurance Requirements: Include when specific insurance coverage for data protection is required
5. Data Protection Impact Assessment: Required when processing is likely to result in high risk to individuals
6. Joint Controller Arrangements: Include when certain processing activities involve joint controllership
7. Cost Allocation: Include when there are specific costs associated with data sharing or compliance activities
8. Force Majeure: Optional clause addressing unforeseeable circumstances affecting data processing obligations
1. Schedule 1 - Details of Processing Activities: Detailed description of processing activities, including data categories, purposes, and processing operations
2. Schedule 2 - Technical and Organizational Security Measures: Specific security measures implemented by each controller
3. Schedule 3 - Data Transfer Procedures: Procedures and formats for data sharing between controllers
4. Schedule 4 - Contact Points and Escalation Procedures: Key contacts and procedures for operational matters and emergencies
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Standard Contractual Clauses: If applicable, for transfers outside the EEA
7. Appendix B - Data Subject Rights Procedures: Detailed procedures for handling data subject requests
8. Appendix C - Compliance Checklist: Checklist for ongoing GDPR compliance monitoring
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