This Data Transfer Agreement is essential for organizations transferring personal data under Belgian jurisdiction, whether within Belgium, across the EU, or internationally. It serves as a crucial compliance tool, addressing requirements under both the Belgian Data Protection Act and the EU GDPR. The agreement is particularly vital when personal data needs to be shared between separate entities, establishing clear protocols for data handling, security measures, and respective responsibilities. It includes specific provisions required by Belgian law, such as mandatory notification requirements to the Belgian Data Protection Authority, while ensuring alignment with broader EU data protection principles. This document should be used whenever there is a systematic transfer of personal data between organizations, whether as part of a service provision, corporate collaboration, or other business arrangements.
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1. Parties: Identification of the data exporter and data importer, including their legal status and contact details
2. Background: Context of the data transfer relationship and purpose of the agreement
3. Definitions: Definitions of key terms used in the agreement, aligned with GDPR terminology
4. Subject Matter and Details of Transfer: Description of the categories of data, data subjects, and processing purposes
5. Obligations of the Parties: Core responsibilities of both parties regarding data protection and transfer
6. Technical and Organizational Measures: Security measures required for data protection during transfer and processing
7. Sub-processing: Rules and requirements for engaging sub-processors
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights
9. Data Breach Notification: Procedures and timelines for reporting data breaches
10. Audit Rights: Provisions for conducting audits and inspections
11. Term and Termination: Duration of the agreement and termination conditions
12. Return or Deletion of Data: Obligations regarding data handling upon agreement termination
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
14. Signature Page: Execution blocks for all parties
1. International Transfer Mechanisms: Required when transfers occur outside the EEA, incorporating Standard Contractual Clauses or other transfer mechanisms
2. Special Categories of Data: Additional provisions when sensitive personal data is involved
3. Joint Controller Provisions: Required when both parties act as joint controllers rather than controller-processor
4. Data Protection Impact Assessment: Provisions regarding DPIAs when high-risk processing is involved
5. Insurance Requirements: Specific insurance obligations for data protection
6. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)
7. Force Majeure: Provisions for handling unforeseen circumstances affecting data transfer obligations
1. Schedule 1 - Details of Processing: Detailed description of data categories, processing activities, and purposes
2. Schedule 2 - Technical and Security Measures: Detailed specifications of security controls and measures
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers
5. Schedule 5 - Standard Contractual Clauses: If applicable, the full text of SCCs for international transfers
6. Schedule 6 - Contact Points: List of key contacts for operational and emergency matters
7. Schedule 7 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
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