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Personal Data Transfer Agreement Template for Belgium

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Key Requirements PROMPT example:

Personal Data Transfer Agreement

"I need a Personal Data Transfer Agreement for transferring customer health records from our Belgian headquarters to our cloud service provider in Canada, with specific provisions for handling sensitive medical data and ensuring GDPR compliance."

Document background
The Personal Data Transfer Agreement is essential for organizations transferring personal data under Belgian jurisdiction, particularly in light of stringent EU data protection requirements. This document is required whenever personal data is transferred between separate legal entities, whether within the EU or to third countries. It addresses key compliance requirements under the GDPR and Belgian Data Protection Act, including data security measures, processing limitations, and data subject rights. The agreement becomes particularly crucial when dealing with international data transfers, where additional safeguards may be necessary. It should be implemented before any data transfer begins and updated when there are significant changes in data processing activities or applicable regulations. The document typically incorporates or references Standard Contractual Clauses when transfers involve non-EU countries without adequacy decisions.
Suggested Sections

1. Parties: Identification of the data exporter and data importer, including their roles (controller/processor)

2. Background: Context of the agreement, relationship between parties, and purpose of the data transfer

3. Definitions: Definitions of key terms used in the agreement, aligned with GDPR terminology

4. Scope and Purpose of Transfer: Details of the personal data being transferred, categories of data subjects, and purposes of processing

5. Roles and Responsibilities: Clear delineation of each party's obligations and responsibilities under data protection laws

6. Transfer Mechanism: Legal basis for the transfer (e.g., SCCs, adequacy decision) and compliance requirements

7. Data Security: Security measures required for data protection during transfer and processing

8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights

9. Breach Notification: Protocol for reporting and handling personal data breaches

10. Audit Rights: Provisions for monitoring and verifying compliance

11. Term and Termination: Duration of the agreement and conditions for termination

12. Return or Deletion of Data: Obligations regarding data handling upon agreement termination

13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

14. General Provisions: Standard contractual clauses including severability, entire agreement, and amendments

Optional Sections

1. Sub-processing: Required when the data importer may engage sub-processors, including authorization process and obligations

2. Special Categories of Data: Required when sensitive personal data is being transferred, specifying additional safeguards

3. International Transfers: Required for onward transfers to third countries, specifying additional safeguards and requirements

4. Data Protection Impact Assessment: Required when processing poses high risks to data subjects

5. Joint Controller Provisions: Required when parties act as joint controllers, defining respective responsibilities

6. Insurance Requirements: Optional section specifying required insurance coverage for data protection

7. Force Majeure: Optional provisions for handling circumstances beyond parties' control

Suggested Schedules

1. Schedule 1 - Description of Transfer: Detailed description of data transfers including categories of data, subjects, and purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed security measures implemented by both parties

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

4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for international transfers

5. Appendix A - Contact Points: List of key contacts for operational and emergency matters

6. Appendix B - Standard Contractual Clauses: If applicable, the EU SCCs incorporated into the agreement

7. Appendix C - Data Processing Details: Specific details about processing activities, frequency, and nature of processing

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

Relevant legal definitions








































Clauses






























Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Professional Services

Manufacturing

Education

Telecommunications

Insurance

Human Resources

Consulting

Retail

Marketing Services

Cloud Services

Research and Development

Relevant Teams

Legal

Compliance

Information Security

IT

Privacy

Risk Management

Data Protection

Procurement

Information Governance

Operations

Corporate Affairs

Technology

Information Management

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Officer

Chief Technology Officer

Chief Information Officer

Privacy Manager

Data Protection Lawyer

IT Security Manager

Risk Manager

Procurement Manager

Contract Manager

Chief Legal Officer

Data Protection Specialist

Information Governance Manager

Privacy Analyst

Compliance Officer

Legal 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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