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International Data Transfer Addendum for Belgium

International Data Transfer Addendum Template for Belgium

This document is a comprehensive International Data Transfer Addendum governed by Belgian law, designed to ensure compliance with the EU General Data Protection Regulation (GDPR) and Belgian Data Protection Act for international transfers of personal data. It incorporates requirements from EU Standard Contractual Clauses, addresses Schrems II decision requirements, and includes specific provisions required under Belgian jurisdiction. The addendum covers technical, organizational, and legal safeguards necessary for lawful data transfers from Belgium/EU to third countries, including detailed obligations for both data exporters and importers.

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What is a International Data Transfer Addendum?

The International Data Transfer Addendum is essential for organizations transferring personal data from Belgium/EU to countries outside the European Economic Area (EEA). It is required when the main service, processing, or other commercial agreement involves international data transfers that must comply with Chapter V of the GDPR and Belgian data protection law. This addendum supplements the main agreement by incorporating necessary safeguards, including Standard Contractual Clauses, transfer impact assessments, and specific Belgian legal requirements. It should be used whenever personal data will be transferred internationally, whether in a controller-to-controller, controller-to-processor, or processor-to-sub-processor relationship. The document is particularly crucial following the Schrems II decision, which requires enhanced assessment of data protection in recipient countries.

What sections should be included in a International Data Transfer Addendum?

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

2. Background: Context of the addendum, relationship to main agreement, and purpose of the data transfers

3. Definitions: Key terms used in the addendum, incorporating GDPR definitions and additional specific terms

4. Scope and Applicability: Description of the transfers covered and relationship to main agreement

5. Transfer Mechanisms: Legal basis for transfers and applicable safeguards

6. Obligations of the Data Exporter: Specific responsibilities of the party sending the data

7. Obligations of the Data Importer: Specific responsibilities of the party receiving the data

8. Technical and Organizational Measures: Security measures for protecting transferred data

9. Sub-processing: Rules and restrictions for engaging sub-processors

10. Data Subject Rights: Mechanisms for handling data subject requests and ensuring their rights

11. Breach Notification: Procedures for reporting and handling data breaches

12. Audit Rights: Provisions for monitoring and verifying compliance

13. Duration and Termination: Term of the addendum and termination provisions

14. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction

What sections are optional to include in a International Data Transfer Addendum?

1. Local Representative: Required when either party needs an EU/Belgian representative under GDPR Article 27

2. Special Categories of Data: Include when sensitive data or criminal data is being transferred

3. Transfer Impact Assessment Procedures: Detailed when transfers are to non-adequate countries requiring specific assessments

4. Data Return/Deletion: Specific provisions for data handling upon termination, if different from main agreement

5. Supplementary Security Measures: Additional security requirements for high-risk transfers or sensitive data

6. BCR Integration: Required when linking to Binding Corporate Rules as transfer mechanism

What schedules should be included in a International Data Transfer Addendum?

1. Schedule 1: Description of Transfer: Detailed information about the transfer including categories of data, subjects, purposes

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

3. Schedule 3: Sub-processors: List of approved sub-processors and process for adding new ones

4. Schedule 4: Transfer Impact Assessment: Documentation of transfer impact assessment for non-adequate countries

5. Appendix A: Contact Points: Key contacts for data protection matters and breach notification

6. Appendix B: SCCs Modifications: Any approved modifications to Standard Contractual Clauses

7. Appendix C: Supplementary Measures: Additional technical, organizational, and contractual measures for specific 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 | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




































Clauses






























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