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Data Processing Contract Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the terms and conditions under which a data processor handles personal data on behalf of a data controller. This document ensures compliance with both the EU General Data Protection Regulation (GDPR) and Belgian data protection laws, particularly the Law of 30 July 2018. It defines the responsibilities of both parties, security requirements, data breach procedures, and mechanisms for ensuring ongoing compliance with data protection regulations. The agreement includes specific provisions required under Article 28 of the GDPR while incorporating Belgian legal requirements and jurisdictional specifications.

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What is a Data Processing Contract?

This Data Processing Contract is essential for organizations engaged in the processing of personal data within the Belgian legal framework. It serves as a mandatory legal instrument under Article 28 of the GDPR and Belgian data protection law when one organization (the processor) processes personal data on behalf of another (the controller). The document must incorporate specific requirements from both EU and Belgian legislation, including mandatory clauses about processing scope, security measures, sub-processing conditions, and international data transfers. It's particularly crucial for ensuring clear allocation of responsibilities, establishing security standards, and maintaining compliance with data protection regulations. The agreement should be implemented before any data processing activities commence and must be regularly reviewed to ensure continued compliance with evolving data protection requirements and regulatory guidance.

What sections should be included in a Data Processing Contract?

1. Parties: Identification of the data controller and data processor, including registered addresses and company details

2. Background: Context of the processing relationship and purpose of the agreement

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes

5. Duration: Term of the agreement and processing activities

6. Obligations of the Data Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions

7. Obligations of the Data Controller: Controller's responsibilities and requirements for lawful processing instructions

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

9. Data Security: Security measures required to protect personal data

10. Data Breaches: Procedures for handling and reporting personal data breaches

11. Data Subject Rights: Processor's assistance with data subject requests

12. International Transfers: Rules and safeguards for transferring data outside the EEA

13. Audit Rights: Controller's rights to audit and verify compliance

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

15. Termination: Termination rights and obligations, including data deletion/return

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

What sections are optional to include in a Data Processing Contract?

1. Specific Processing Instructions: Used when there are unique or complex processing requirements that need detailed documentation

2. Joint Controller Provisions: Include when the relationship involves joint controllership scenarios

3. Insurance Requirements: Add when specific insurance coverage is required for the processing activities

4. Business Continuity: Include for critical processing activities requiring specific continuity measures

5. Special Categories of Data: Add when processing involves sensitive data categories requiring additional safeguards

6. Data Protection Impact Assessment: Include when high-risk processing requires specific DPIA provisions

What schedules should be included in a Data Processing Contract?

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including data categories, purposes, and duration

2. Schedule 2 - Technical and Organizational Measures: Specific security measures implemented to protect personal data

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms and safeguards

5. Appendix A - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches

6. Appendix B - Audit Procedures: Specific procedures and requirements for conducting audits

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Cost

Free to use

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