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Data Processing Agreement Addendum
"I need a Data Processing Agreement Addendum under Belgian law for a cloud storage service provider who will process customer data on our behalf, including provision for sub-processors and international transfers to the US."
1. Parties: Identification of the data controller and data processor, including full legal names and registered addresses
2. Background: Context of the addendum, reference to the main agreement, and purpose of the data processing relationship
3. Definitions: Key terms used in the agreement, including those from GDPR and any additional specific terms
4. Scope and Purpose of Processing: Detailed description of the authorized processing activities and their purposes
5. Duration: Term of the processing activities and relationship to the main agreement's duration
6. Nature and Purpose of Processing: Specific details about how and why the personal data will be processed
7. Processor Obligations: Core obligations of the processor including processing only on documented instructions, confidentiality, security measures, and sub-processor requirements
8. Controller Obligations: Responsibilities and obligations of the controller, including providing documented instructions and ensuring lawful basis for processing
9. Sub-processors: Conditions and requirements for engaging sub-processors, including authorization process
10. International Transfers: Rules and requirements for transferring personal data outside the EEA
11. Security Measures: Overview of technical and organizational security measures required
12. Data Breach Notification: Procedures and timeframes for notifying the controller of any personal data breaches
13. Audit Rights: Controller's rights to audit the processor and processor's obligations to contribute to audits
14. Return or Deletion of Data: Obligations regarding personal data at the end of processing activities
15. Liability and Indemnification: Allocation of responsibility and liability between parties
16. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes
1. Costs and Fees: Include when there are specific charging arrangements for processing activities or compliance with data subject rights
2. Insurance Requirements: Include when specific insurance coverage is required for data processing activities
3. Special Categories of Data: Include when processing involves sensitive personal data requiring additional safeguards
4. Data Protection Impact Assessments: Include when processing is likely to result in high risk to individuals
5. Joint Controller Provisions: Include when the relationship includes elements of joint controllership
6. Processor Direct Obligations: Include specific reference to Article 28-36 GDPR obligations when needed for clarity
1. Schedule 1 - Details of Processing: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes
2. Schedule 2 - Technical and Organizational Security Measures: Detailed description of specific security measures implemented by the processor
3. Schedule 3 - Authorized Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of mechanisms used for international data transfers (if applicable)
5. Schedule 5 - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix A - Standard Contractual Clauses: EU Standard Contractual Clauses if required for international transfers
Authors
Technology and Software
Healthcare
Financial Services
Professional Services
E-commerce
Manufacturing
Education
Telecommunications
Insurance
Retail
Logistics and Transportation
Cloud Services
Consulting
Marketing and Advertising
Research and Development
Legal
Compliance
Information Security
IT
Privacy
Risk Management
Procurement
Operations
Data Protection
Vendor Management
Commercial
Information Management
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Risk Manager
Procurement Manager
Commercial Director
Chief Legal Officer
Contract Manager
Privacy Counsel
Operations Director
Chief Operations Officer
Chief Data Officer
Vendor Management Officer
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