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Data Management Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the framework for managing, processing, and protecting data between organizations. This document ensures compliance with both Belgian national data protection laws and EU GDPR requirements, outlining specific responsibilities, security measures, and obligations of all parties involved in data processing activities. It addresses key aspects such as data security, breach notification procedures, confidentiality requirements, and compliance with cross-border data transfer regulations while incorporating specific Belgian legal requirements and jurisdictional considerations.

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What is a Data Management Agreement?

The Data Management Agreement is essential for organizations operating under Belgian jurisdiction that engage in data processing activities, whether as controllers or processors. This document becomes necessary when one organization manages, processes, or handles data on behalf of another, requiring compliance with both Belgian data protection laws and EU GDPR. The agreement typically covers aspects such as data security measures, processing limitations, confidentiality obligations, and breach notification procedures. It is particularly crucial in scenarios involving sensitive data processing, cross-border data transfers, or when engaging third-party service providers. The agreement must reflect specific Belgian legal requirements while ensuring alignment with broader EU data protection standards, making it a critical tool for risk management and regulatory compliance.

What sections should be included in a Data Management Agreement?

1. Parties: Identification of the contracting parties, including registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of data management activities

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Scope and Purpose: Detailed description of data management activities covered by the agreement

5. Roles and Responsibilities: Clear delineation of each party's roles, including processor/controller status and specific obligations

6. Data Protection Compliance: Commitments to comply with GDPR and Belgian data protection laws

7. Security Measures: Required technical and organizational security measures for data protection

8. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches

9. Confidentiality: Obligations regarding confidentiality of data and business information

10. Audit Rights: Provisions for monitoring and verifying compliance

11. Duration and Termination: Term of agreement, renewal provisions, and termination conditions

12. Return or Deletion of Data: Obligations regarding data handling upon contract termination

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. Governing Law and Jurisdiction: Specification of Belgian law application and dispute resolution mechanisms

What sections are optional to include in a Data Management Agreement?

1. Cross-border Data Transfers: Required when data will be transferred outside the EEA, including compliance with transfer mechanisms

2. Sub-processing: Include when the data processor may engage sub-processors

3. Specific Industry Requirements: Additional provisions for regulated industries (e.g., healthcare, financial services)

4. Business Continuity: Required for critical data management services requiring disaster recovery plans

5. Service Levels: Include when specific performance metrics need to be maintained

6. Insurance Requirements: Specific insurance obligations for high-risk data processing activities

7. Data Protection Impact Assessment: Required for high-risk processing activities

8. Joint Controller Provisions: Include when parties act as joint controllers under GDPR

What schedules should be included in a Data Management Agreement?

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

2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented

3. Schedule 3 - Service Levels: Detailed performance metrics and measurement methods

4. Schedule 4 - Fee Schedule: Pricing and payment terms for data management services

5. Schedule 5 - Approved Sub-processors: List of approved sub-processors and their roles

6. Schedule 6 - Contact Points: Key contacts for operational, technical, and legal matters

7. Appendix A - Data Categories Matrix: Detailed categorization of data types and their handling requirements

8. Appendix B - Security Incident Response Plan: Detailed procedures for handling data breaches and security incidents

Authors

Alex Denne

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

Jurisdiction

Belgium

Cost

Free to use

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