The Sub Processing Agreement is essential when a data processor needs to engage another party (sub-processor) to carry out specific data processing activities on their behalf. This document is particularly relevant under Belgian law and EU GDPR requirements, where any delegation of processing activities must be properly documented and controlled. The agreement should be used whenever a processor intends to outsource any part of their processing activities, whether to local or international sub-processors. It includes crucial provisions about data protection measures, liability allocation, breach notification procedures, and audit rights. The document ensures compliance with Article 28 of the GDPR and the Belgian Data Protection Act of 2018, while also addressing specific Belgian contractual law requirements. It's a critical tool for maintaining transparency and accountability in the data processing chain.
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1. Parties: Identification of the main processor (as client) and sub-processor (as service provider), including full legal names, registration details, and addresses
2. Background: Context of the agreement, reference to the main processing agreement, and the need for sub-processing services
3. Definitions: Key terms used in the agreement, including GDPR-specific terminology and agreement-specific definitions
4. Scope and Purpose: Details of the sub-processing activities, types of data involved, and processing purposes
5. Duration: Term of the agreement, including commencement date and termination provisions
6. Sub-processor Obligations: Core obligations including compliance with instructions, confidentiality, security measures, and GDPR requirements
7. Technical and Organizational Measures: Specific security measures and standards the sub-processor must maintain
8. Data Subject Rights: Procedures for handling data subject requests and supporting the processor in responding to such requests
9. Personal Data Breach: Notification requirements and procedures in case of data breaches
10. Audit Rights: Processor's rights to audit and inspect sub-processor's compliance
11. Liability and Indemnification: Allocation of liability and indemnification obligations
12. Termination: Grounds for termination and consequences of termination
13. General Provisions: Standard contractual clauses including governing law, jurisdiction, and amendments
1. Cross-Border Transfers: Required when personal data will be transferred outside the EU/EEA, including appropriate transfer mechanisms
2. Industry-Specific Requirements: Additional provisions required for specific sectors (e.g., healthcare, financial services)
3. Business Continuity: Detailed provisions for ensuring service continuity, required for critical processing activities
4. Sub-sub-processors: Provisions regarding the appointment of sub-sub-processors, if allowed
5. Insurance Requirements: Specific insurance obligations, typically included for high-risk processing activities
6. Service Levels: Specific performance metrics and standards, if applicable to the processing activities
1. Description of Processing Activities: Detailed description of the processing activities, including data categories, purposes, and processing operations
2. Technical and Organizational Measures: Detailed specifications of security measures and controls implemented by the sub-processor
3. Approved Sub-sub-processors: List of pre-approved sub-sub-processors, if applicable
4. Data Transfer Mechanisms: Standard Contractual Clauses or other transfer mechanisms if cross-border transfers are involved
5. Service Level Agreement: Detailed service levels and performance metrics, if applicable
6. Fee Schedule: Pricing and payment terms for the sub-processing services
7. Contact Details: List of key contacts and escalation procedures for both parties
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