This Non Disclosure Agreement Data Protection is designed for use in situations where parties need to share both confidential business information and personal data within the Belgian legal framework. It is particularly relevant for business relationships where one party will have access to or process personal data on behalf of another, requiring compliance with both the GDPR and Belgian Data Protection Act. The document should be used when entering into new business relationships, partnerships, or service arrangements that involve the sharing of sensitive information. It includes comprehensive provisions for data protection, security measures, breach notification, and cross-border transfers, making it suitable for both domestic Belgian operations and international business relationships involving Belgian entities. The agreement is structured to provide maximum protection while ensuring compliance with Belgian contract law and European data protection regulations.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details as required under Belgian law
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and personal data
3. Definitions: Definitions of key terms including Confidential Information, Personal Data, Processing, Data Controller, Data Processor, and other GDPR-specific terminology
4. Scope of Confidentiality: Details of what information is considered confidential and duration of confidentiality obligations
5. Data Protection Obligations: GDPR-compliant provisions regarding the processing of personal data, including legal basis, purpose limitation, and data minimization
6. Security Measures: Required technical and organizational measures for protecting confidential information and personal data
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients
8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information and personal data upon termination or request
9. Breach Notification: Procedures for reporting any breaches of confidentiality or personal data breaches
10. Term and Termination: Duration of the agreement and conditions for termination
11. Remedies: Available remedies in case of breach, including injunctive relief and damages
12. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Data Transfer Provisions: Required when confidential information or personal data will be transferred outside the EEA, including Standard Contractual Clauses if applicable
2. Processor Obligations: Additional provisions required when one party will be processing personal data on behalf of the other as a data processor under GDPR
3. Joint Controller Provisions: Required when parties are acting as joint controllers under GDPR, detailing respective responsibilities
4. Subcontractor Provisions: Provisions governing the use of subcontractors or sub-processors, if permitted
5. Industry-Specific Provisions: Additional confidentiality requirements for specific industries (e.g., healthcare, financial services)
6. Employee and Representative Obligations: Specific provisions regarding confidentiality obligations of employees and representatives
7. Insurance Requirements: Provisions requiring specific insurance coverage for data protection risks
1. Description of Processing Activities: Detailed description of personal data processing activities as required by GDPR Article 30
2. Security Measures: Detailed technical and organizational measures for protecting confidential information and personal data
3. Authorized Recipients: List of authorized recipients or categories of recipients of confidential information
4. Standard Contractual Clauses: EU-approved Standard Contractual Clauses for international data transfers, if applicable
5. Data Categories: Categories of personal data and confidential information covered by the agreement
6. Contact Details: Contact information for key personnel responsible for data protection and confidentiality matters
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
Professional Services
Manufacturing
Research & Development
Telecommunications
Pharmaceuticals
Education
Retail
Energy
Transportation & Logistics
Media & Entertainment
Biotechnology
Consulting
Relevant Teams
Legal
Compliance
Information Security
IT
Data Protection
Risk Management
Human Resources
Research & Development
Operations
Procurement
Finance
Executive Leadership
Business Development
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Business Development Manager
Project Manager
Research Director
HR Director
Procurement Manager
Operations Manager
Risk Manager
Chief Financial Officer
Chief Executive Officer
General Counsel
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