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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
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
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
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