The Privacy Disclosure Agreement serves as a critical legal instrument in the Belgian privacy law framework, designed to establish clear parameters for handling personal data between organizations. This document becomes necessary when one party needs to share or process personal data with another party, requiring formal documentation of privacy obligations and compliance measures. It specifically addresses requirements under both the Belgian Data Protection Act and the GDPR, including mandatory provisions for data processing, security measures, and breach notification procedures. The agreement is particularly relevant in today's digital economy where data sharing is commonplace, helping organizations maintain compliance while facilitating necessary business operations. It provides detailed guidelines on data protection responsibilities, processing limitations, and security requirements, serving as both a compliance tool and a risk management instrument.
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1. Parties: Identification of the data controller/processor and the disclosing party, including their legal representatives and contact details
2. Background: Context of the privacy disclosure agreement and the relationship between the parties
3. Definitions: Definitions of key terms used in the agreement, including specific privacy and data protection terminology aligned with GDPR and Belgian law
4. Purpose of Processing: Clear explanation of why personal data is being collected and processed, including all intended uses
5. Categories of Personal Data: Detailed description of the types of personal data being processed
6. Data Subject Rights: Explanation of rights under GDPR and Belgian law, including access, rectification, erasure, and data portability
7. Data Protection Measures: Technical and organizational measures implemented to protect personal data
8. Data Retention: Retention periods for different categories of data and criteria for determining retention
9. International Transfers: Provisions regarding any international transfers of data and associated safeguards
10. Breach Notification: Procedures and timelines for reporting data breaches
11. Liability and Indemnification: Allocation of responsibility and liability between parties
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Sub-processors: Details about any sub-processors and conditions for their engagement - include when third-party processors are involved
2. Special Categories of Data: Specific provisions for sensitive data processing - include when processing special categories of personal data under Article 9 GDPR
3. Children's Data: Special provisions for processing children's data - include when processing data of individuals under 13
4. Direct Marketing: Provisions regarding use of data for marketing purposes - include when data will be used for marketing
5. Cookie Policy: Specific provisions about cookie usage - include for online services
6. Data Protection Impact Assessment: Reference to and results of DPIA - include when processing presents high risks to rights and freedoms
7. Joint Controller Arrangements: Specific provisions for joint controller scenarios - include when multiple controllers are involved
1. Schedule 1 - Categories of Personal Data: Detailed list and description of all personal data categories being processed
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures and controls implemented
3. Schedule 3 - Sub-processor List: List of approved sub-processors and their roles
4. Appendix A - Data Processing Activities: Detailed record of processing activities as required by Article 30 GDPR
5. Appendix B - Contact Details: Contact details for data protection officers, representatives, and key personnel
6. Appendix C - Standard Forms: Templates for data subject requests, breach notifications, and other standard procedures
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
E-commerce
Professional Services
Education
Manufacturing
Retail
Telecommunications
Insurance
Marketing and Advertising
Human Resources
Consulting
Public Sector
Research and Development
Relevant Teams
Legal
Compliance
Information Security
Privacy
Risk Management
Information Technology
Data Protection
Information Governance
Regulatory Affairs
Corporate Governance
Relevant Roles
Data Protection Officer
Privacy Officer
Legal Counsel
Compliance Manager
Information Security Manager
Risk Manager
IT Director
Chief Technology Officer
Chief Information Security Officer
Chief Privacy Officer
Data Protection Manager
Compliance Officer
General Counsel
Privacy Lawyer
Information Governance Manager
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