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Data Processing Agreement Addendum for Belgium

Data Processing Agreement Addendum Template for Belgium

A Data Processing Agreement Addendum under Belgian law is a legally binding document that supplements an existing service agreement to ensure compliance with GDPR and Belgian data protection requirements. This document establishes the terms and conditions for processing personal data, outlining the responsibilities and obligations of both the data controller and data processor. It includes specific provisions required by Article 28 of the GDPR, Belgian Data Protection Act requirements, and incorporates necessary safeguards for data protection. The agreement addresses key aspects such as processing scope, security measures, data breach notifications, and international transfer requirements while ensuring alignment with Belgian contractual law principles.

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What is a Data Processing Agreement Addendum?

The Data Processing Agreement Addendum is essential when one organization (the processor) processes personal data on behalf of another organization (the controller) under Belgian jurisdiction. This document is required for GDPR compliance and must be implemented whenever there is processing of personal data by third parties. It supplements existing service agreements by adding specific data protection provisions, ensuring compliance with both EU GDPR and Belgian data protection laws. The addendum details critical aspects such as processing purposes, security requirements, breach notification procedures, and data transfer mechanisms. It becomes particularly important when organizations engage external service providers, cloud services, or any third-party vendors who will have access to or process personal data. The document must align with Belgian legal requirements while maintaining GDPR standards for data protection.

What sections should be included in a Data Processing Agreement Addendum?

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

What sections are optional to include in a Data Processing Agreement Addendum?

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

What schedules should be included in a Data Processing Agreement Addendum?

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

Ƶ

Cost

Free to use

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