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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."
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
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
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
Information Technology
Healthcare
Financial Services
Professional Services
Education
Telecommunications
Manufacturing
Retail
Research and Development
Public Sector
Insurance
Pharmaceuticals
Consulting
Legal
Compliance
Information Technology
Information Security
Risk Management
Data Protection
Operations
Privacy
Procurement
Information Governance
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
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