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Data Privacy Addendum

Data Privacy Addendum Template for Belgium

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Key Requirements PROMPT example:

Data Privacy Addendum

"I need a Data Privacy Addendum under Belgian law for a cloud service provider processing customer data in both Belgium and Germany, with specific provisions for health data processing and sub-processor requirements to be implemented by March 2025."

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Document background
The Data Privacy Addendum is essential whenever a business relationship involves the processing of personal data under Belgian jurisdiction. This document is required by Article 28 of the GDPR and the Belgian Data Protection Act, serving as a mandatory supplement to existing service agreements. The DPA details the data processing relationship, including security measures, breach notification procedures, audit rights, and data subject request handling. It's particularly crucial for Belgian businesses or international companies operating in Belgium, as it must comply with both EU-wide GDPR requirements and specific Belgian data protection regulations. The document becomes necessary when engaging service providers who will process personal data, from cloud storage providers to HR consultants, and must be in place before any data processing begins.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including registered addresses and company details

2. Background: Context of the existing relationship, reference to main agreement, and purpose of this addendum

3. Definitions: Definitions of key terms aligned with GDPR and Belgian Data Protection Act, including Personal Data, Processing, Data Subject, etc.

4. Scope and Purpose of Processing: Detailed description of the personal data processing activities, categories of data subjects, and types of personal data

5. Obligations of the Data Processor: Core processor obligations including processing only on documented instructions, confidentiality, security measures, and sub-processor requirements

6. Technical and Organizational Measures: Specific security measures required to ensure appropriate level of data protection

7. Data Subject Rights: Processor's obligations to assist controller in responding to data subject requests

8. Personal Data Breach: Notification requirements and procedures in case of data breaches

9. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

10. Term and Termination: Duration of the addendum and obligations upon termination

11. Return or Deletion of Data: Requirements for handling personal data after service completion or termination

Optional Sections

1. Cross-Border Data Transfers: Required when personal data will be transferred outside the EEA, incorporating EU SCCs and transfer impact assessments

2. Special Categories of Personal Data: Additional safeguards required when processing sensitive data as defined in GDPR Article 9

3. Direct Marketing Provisions: Specific requirements when processing involves direct marketing activities under Belgian law

4. Data Protection Impact Assessment: Cooperation requirements when DPIA is necessary under Article 35 GDPR

5. Joint Controller Provisions: Required when the relationship qualifies as joint controllership under Article 26 GDPR

6. Belgian-Specific Processing Requirements: Additional provisions required for specific sectors or processing activities under Belgian law

Suggested Schedules

1. Schedule 1 - Details of Processing: Detailed matrix of processing activities, including data categories, purposes, and retention periods

2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures implemented by the processor

3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Schedule 4 - Standard Contractual Clauses: EU SCCs for international data transfers when applicable

5. Schedule 5 - Contact Details and Reporting Lines: Key contacts for data protection matters, including DPO details if applicable

6. Schedule 6 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

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

alex.den.21@genieai.co
Relevant legal definitions








































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Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Professional Services

Manufacturing

Education

Telecommunications

Retail

Insurance

Human Resources

Marketing Services

Cloud Services

Consulting

Research

Relevant Teams

Legal

Privacy

Compliance

Information Security

Information Technology

Procurement

Vendor Management

Risk Management

Operations

Data Governance

Business Development

Commercial

Corporate Affairs

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Procurement Manager

Vendor Management Officer

IT Director

Chief Technology Officer

Chief Information Security Officer

Chief Privacy Officer

Contract Manager

Business Development Manager

Operations Manager

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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