This Personal Data Agreement is essential whenever an organization (acting as a data controller) engages another party to process personal data on its behalf, or when organizations act as joint controllers under Belgian law and GDPR requirements. The agreement is mandatory under Article 28 of the GDPR and the Belgian Data Protection Act of 2018, ensuring proper documentation of data processing activities and responsibilities. It covers crucial aspects such as the scope of processing, security measures, confidentiality obligations, and compliance requirements. This document is particularly important in the Belgian context as it must comply with both EU-wide regulations and specific Belgian national law provisions, including requirements set forth by the Belgian Data Protection Authority.
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Key Requirements PROMPT example:
Personal Data Agreement
"I need a Personal Data Agreement for my Belgian software company acting as a data processor for a healthcare provider, including provisions for processing special categories of health data and ensuring compliance with healthcare-specific regulations."
1. Parties: Identification of the contracting parties and their roles (data controller, data processor, or joint controllers)
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms aligned with GDPR Article 4 and other relevant terms
4. Scope and Purpose: Details of the personal data processing activities covered by the agreement
5. Obligations of the Data Controller: Responsibilities and duties of the data controller, including providing documented instructions
6. Obligations of the Data Processor: Comprehensive obligations of the data processor under GDPR Article 28
7. Technical and Organizational Measures: Security measures implemented to ensure appropriate level of data protection
8. Sub-processing: Conditions and requirements for engaging sub-processors
9. Data Subject Rights: Procedures for handling data subject requests and ensuring data subject rights
10. Personal Data Breach: Notification requirements and procedures in case of data breaches
11. Audit Rights: Controllers right to audit and processors obligation to demonstrate compliance
12. Term and Termination: Duration of the agreement and termination provisions
13. Return or Deletion of Data: Obligations regarding personal data upon termination
14. Liability and Indemnities: Allocation of liability and indemnification provisions
15. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction
1. International Data Transfers: Required when personal data will be transferred outside the EEA, detailing transfer mechanisms and safeguards
2. Joint Controller Provisions: Required when parties are acting as joint controllers, detailing shared responsibilities
3. Special Categories of Data: Required when processing special categories of personal data under Article 9 GDPR
4. Data Protection Impact Assessment: Required when processing is likely to result in high risk to rights and freedoms
5. Insurance Requirements: Optional section specifying required insurance coverage for data protection
6. Business Continuity: Optional section detailing business continuity and disaster recovery requirements
1. Schedule 1 - Details of Processing: Detailed description of processing activities, categories of data subjects, types of personal data
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of transfer mechanisms for international data transfers if applicable
5. Appendix A - Contact Details: Contact details for data protection officers and key personnel
6. Appendix B - Standard Contractual Clauses: EU Standard Contractual Clauses if required for international transfers
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Retail
Manufacturing
Professional Services
Education
Telecommunications
Insurance
E-commerce
Marketing and Advertising
Human Resources
Cloud Services
Consulting
Research and Development
Relevant Teams
Legal
Compliance
Information Technology
Information Security
Privacy
Risk Management
Operations
Procurement
Data Protection
Information Governance
Vendor Management
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Operations Manager
Procurement Manager
Contract Manager
Chief Legal Officer
Chief Privacy Officer
Information Governance Manager
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