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This Data Processing Contract is essential for organizations engaged in the processing of personal data within the Belgian legal framework. It serves as a mandatory legal instrument under Article 28 of the GDPR and Belgian data protection law when one organization (the processor) processes personal data on behalf of another (the controller). The document must incorporate specific requirements from both EU and Belgian legislation, including mandatory clauses about processing scope, security measures, sub-processing conditions, and international data transfers. It's particularly crucial for ensuring clear allocation of responsibilities, establishing security standards, and maintaining compliance with data protection regulations. The agreement should be implemented before any data processing activities commence and must be regularly reviewed to ensure continued compliance with evolving data protection requirements and regulatory guidance.

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

2. Background: Context of the processing relationship and purpose of the agreement

3. Definitions: Definitions of key terms used in the agreement, including GDPR-specific terminology

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

5. Duration: Term of the agreement and processing activities

6. Obligations of the Data Processor: Core processor obligations under GDPR Article 28, including processing only on documented instructions

7. Obligations of the Data Controller: Controller's responsibilities and requirements for lawful processing instructions

8. Sub-processing: Conditions and requirements for engaging sub-processors

9. Data Security: Security measures required to protect personal data

10. Data Breaches: Procedures for handling and reporting personal data breaches

11. Data Subject Rights: Processor's assistance with data subject requests

12. International Transfers: Rules and safeguards for transferring data outside the EEA

13. Audit Rights: Controller's rights to audit and verify compliance

14. Liability and Indemnification: Allocation of liability and indemnification obligations

15. Termination: Termination rights and obligations, including data deletion/return

16. Governing Law and Jurisdiction: Specification of Belgian law and jurisdiction