Data Processing Agreement (DPA)
Summary
This Data Processing Agreement (DPA) applies when Clarify Consult processes personal data on behalf of a client, in addition to the services contract. Clarify Consult is a Belgian company, Place Sainte-Gudule 14, 1000 Brussels, Belgium, BCE 2.269.762.485.
1. Introduction and Scope
The DPA forms part of the contract (MSA or SOW) between Clarify Consult (the Company) and the Client. It applies only where Clarify Consult acts as processor under GDPR Article 28. For the website and general consulting, Clarify Consult usually acts as an independent controller.
2. Definitions
Personal Data, Processing, Controller, Processor and Personal Data Breach have the GDPR meaning. Applicable law: GDPR and Belgian law.
3. Roles of the Parties
The Client is controller of the data it provides. Clarify Consult is processor for that data only, and follows the Client's documented instructions unless EU or Belgian law requires otherwise.
4. Term and Termination of the DPA
The DPA follows the term of the services. At the end, Clarify Consult returns or deletes Client data, unless Belgian law requires retention.
5. International data transfers
Processing is primarily in the EEA. Any transfer outside the EEA follows GDPR Chapter V.
6. Governing Law
Belgian law. Courts of Brussels, unless the MSA says otherwise and unless a mandatory venue applies.
7. Miscellaneous
If there is a conflict, this DPA prevails over the contract on data-protection questions.
8. Contact and Requests
Clarify Consult, Place Sainte-Gudule 14, 1000 Brussels, Belgium. BCE 2.269.762.485. [email protected]. Authority: Belgian Data Protection Authority (APD/GBA).