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Data Management Agreement Template for Belgium

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Key Requirements PROMPT example:

Data Management Agreement

"I need a Data Management Agreement governed by Belgian law for my software company to process customer data on behalf of a healthcare provider, including specific provisions for handling medical data and compliance with healthcare regulations, with the agreement to commence from March 1, 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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 | Serial Founder & Legal AI Author

Relevant legal definitions
































Clauses



























Relevant Industries

Information Technology

Healthcare

Financial Services

Professional Services

Education

Telecommunications

Manufacturing

Retail

Research and Development

Public Sector

Insurance

Pharmaceuticals

Consulting

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Operations

Privacy

Procurement

Information Governance

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Technology Officer

Chief Information Officer

Data Manager

Privacy Counsel

Risk Manager

Operations Director

Project Manager

Information Governance Manager

Contract Manager

Data Protection Specialist

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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