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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
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