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Drafting a model contract for personal data outside the EU

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Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
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An incorrect document often provides a false sense of security.
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You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

  • Lawyers and in-house counsel
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About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year

Reviews (21)

Nadia

The promises on the website were fulfilled immediately during the first contact. The risks we were willing to take were assessed strictly but fairly. Our customers respond positively to the clear terms and conditions.

Taha

The focus was immediately on the matters that were truly important to us. The transparency throughout the writing process provided a great deal of peace of mind and clarity. The final result aligns 100% with our high standards.

Salma

They immediately started thinking in terms of solutions rather than problems. It was clearly indicated what we needed to pay attention to. A party that delivers on what it promises on its website.

Rose

The lawyer's sharp questions immediately got us thinking. They managed to reduce an extremely tough file to manageable proportions. These documents will undoubtedly save us a lot of headaches in the future.

Kim

It was a relief to be helped so quickly. The weekly update emails gave a nice sense of control over the process. A reliable partner who strives for perfection in their documents.

Nizar

It immediately felt like a partnership rather than a simple service. The process was entirely digital and frictionless, which saved us a lot of time. It is clear that they have a passion for entrepreneurship.

Mina

The lawyer got straight to the heart of the matter. The documents are written in such a way that they grow with the future of our company. Everything was delivered neatly and on time.

Hamza

We had never hired a lawyer before, but this was a very pleasant first experience. The personal involvement made us feel truly supported. The end result aligns 100% with our high standards.

Ruben

The process went smoothly and was well-organized. Ample time was taken to discuss the various options and their implications. A party that delivers on what it promises on its website.

Inaya

It is clear that they know what they are talking about, right from the first word. It was pleasant that what was important was explained in plain language. The document was accepted flawlessly by our investors.

Lucas

The clear explanation at the start of the project was crucial for us. The telephone consultation regarding the final details provided just that little bit of extra confidence. These documents will undoubtedly save us a lot of headaches in the future.

Nordin

We were in a contentious situation, but the calm start defused the tension. The continuous thinking from the entrepreneur's perspective was a breath of fresh air. These documents will undoubtedly save us a lot of headaches in the future.

Mila

Communication was direct and efficient, exactly what we were looking for. They provided a watertight confidentiality agreement that perfectly suited our innovations. The end result aligns 100% with our high standards.

Hugo

The document aligned well with our requirements. It was essentially ready for use after the first round of corrections. Fantastic value for money for this level of expertise.

Yasmina

The energetic and positive attitude of the employees was immediately noticeable. The sharp review of the lease agreement protected us from unfavorable clauses. Our business partners were impressed by the professionalism of the contracts.

Zoe

The lawyer took a practical approach with our company. The fixed price upfront instilled confidence. These documents will undoubtedly save us a lot of headaches in the future.

Sharon

The document aligned well with our wishes. They managed to get a stalled negotiation moving again by proposing a smart compromise. The final result meets our high standards 100%.

Rens

Scheduling the appointment went very smoothly and quickly. Additional questions were answered promptly. Our business partners were impressed by the professionalism of the contracts.

Boris

They immediately zoomed in on the matters that were truly important to us. The proactive attitude while waiting for feedback from our counterparty was very pleasant. Fantastic value for money for this level of expertise.

Ibrahim

We really appreciated the transparency regarding the costs upfront. The aftercare and the opportunity to ask brief questions were perfectly arranged. A reliable partner that strives for perfection in their documents.

Lisanne

The initial meeting immediately instilled confidence in us. The contract was formulated in such a way that both parties felt good about it. The quality fully met our expectations.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The correct content depends on your specific situation. Answer these questions first; they determine which guarantee and which module you need.

Choice or question Why this matters legally
To which country does the data go? Does an adequacy decision by the European Commission apply to that country? If so, SCCs are often not necessary.
What is your role and that of the recipient? Controller-controller, controller-processor, or processor-processor determines which SCC module applies.
How sensitive is the data? For special categories of personal data or large volumes, additional measures and a transfer impact assessment are more likely to be required.
Is there access by government authorities? Legislation in the host country may require additional safeguards, such as encryption or pseudonymization.
Is there already a data processing agreement? Sometimes supplementation with SCCs suffices; sometimes a separate transfer contract is required.
Clauses and provisions

Which elements belong in a model contract for personal data outside the EU?

A good model contract for transfers outside the EEA contains fixed components that define the level of protection and the division of roles. Below you will see the core components, when they apply, and why they are necessary.

Provision Relevant to Legal point of attention
Parties and roles Always Who is the data exporter and who is the recipient, and whether each party acts as a controller or a processor.
Description of the transfer Always Which categories of personal data, data subjects, purposes, and retention periods are concerned (appendix to the contract).
Selected guarantee Always Reference to the basis for transfer: standard contractual clauses, adequacy decision or other appropriate safeguard.
Standard Contractual Clauses (SCCs) In the absence of an adequacy decision The model provisions established by the European Commission with the correct module for your situation.
Additional measures In case of increased risk Technical and organizational measures (such as encryption) following a transfer impact assessment.
Security and data leaks Always Agreements regarding security measures and reporting of data breaches to the exporter.
Rights of data subjects Always How access, correction, and deletion requests are handled by the recipient.
Liability and supervision Always Liability, audit rights and subjection to supervision by the Dutch Data Protection Authority.
Use in practice

How do you use this document correctly?

A model contract only works if you fill it out correctly, sign it, and keep it up to date. Follow these steps.

Situation What should you do? Point of attention
Before transmission Map out which data goes to which country and choose the right guarantee Transmission without a valid legal basis is in principle unlawful.
When drafting Complete the attachments fully with parties, data categories, and purposes Empty or incorrect attachments make the SCCs contestable.
Upon signing Have both parties sign and archive the contract with the date You must be able to demonstrate the transfer to the supervisory authority.
Periodically Reassess the contract in the event of a change of supplier, country, or legislation Outdated guarantees no longer provide a valid basis.
Common mistakes

Common mistakes

When transferring outside the EEA, things often go wrong at the same points. Avoid the following mistakes.

Wrong Consequence Better approach
Do not set up a guarantee Transmission is unlawful and may lead to enforcement and fines Include standard contractual clauses or secure an adequacy decision.
Using outdated model provisions Old SCCs no longer serve as a valid basis Use the current standard contract clauses with the correct module.
Choosing the wrong module The division of roles is incorrect and the contract does not align First determine who is the controller and who is the processor.
No transfer impact assessment Risks in the host country remain uncovered Assess local legislation and take additional measures if necessary.
Do not fill in attachments The SCCs are meaningless and unverifiable Complete the attachments fully and specifically for each transmission.
Risk profile

What is your situation and what do you pay attention to?

The points of attention vary depending on the situation. Recognize your case below and see where the focus lies.

Risk profile Example Focus in the document
American cloud service You use a SaaS or hosting provider with servers in the US Check whether the party falls under the EU-US Data Privacy Framework; if not, enter into SCCs.
Group with an establishment outside the EEA You share data with a subsidiary or parent company outside the EEA Establish intra-group transfers via SCCs or binding corporate rules.
Supplier in a third country A processor outside the EEA processes data on your behalf Combine a Data Processing Agreement with the right SCC module.
Incidental transmission You provide data once, for example for a contract Assess whether a ground for exception applies; document this carefully.
Additional documents

When is this document not enough?

A model contract for transfer governs the international transfer, but does not cover every situation. In these cases, you will need additional documents or advice.

Situation Supplementary document Why
Processing by an external party Data Processing Agreement For the general processing agreements with a processor, also within the EEA.
Sharing confidential information Confidentiality Agreement When you want to protect business-sensitive information in addition to personal data.
Customization or complex situation Legal assistance In case of doubt regarding the correct safeguard or during enforcement by the supervisor.
Explanation of this document

Drafting a model contract for personal data outside the EU, why?

Not every entrepreneur knows exactly what a model contract for personal data outside the EU is, when you need it, and which risks it must cover. That is why we explain below what this document entails, what you should look out for, and why customized legal solutions are important.

What are Standard Contractual Clauses for transfers outside the EU?
Standard Contractual Clauses (SCCs) — in Dutch, model contract provisions or standard contract provisions — are the contractual provisions approved by the European Commission that make the transfer of personal data to countries outside the European Economic Area (EEA) legally lawful pursuant to Article 46(2)(c) of the GDPR. If an organization processes or has personal data processed in a country that does not offer adequate data protection within the meaning of the GDPR — such as the US, India, or China — the transfer is in principle prohibited, unless the organization provides appropriate safeguards. SCCs are the most commonly used method to provide those safeguards. Our lawyers draft the correct set of SCCs for your specific transfer scenario, arrange for the transfer impact assessment that supports the SCCs, and advise you on additional measures if the SCCs offer insufficient protection.
Which SCCs exist and which set suits your situation?
In 2021, the European Commission adopted new SCCs that distinguish four transfer scenarios. Module 1: controller to controller. Module 2: controller to processor. Module 3: processor to processor (sub-processor). Module 4: processor to controller. The choice of the correct module depends on the roles of the parties involved in the data processing. An incorrectly chosen module renders the SCC legally insufficient. Particular attention: as of July 2023, the EU-US Data Privacy Framework applies to transfers to the US as the adequacy decision — organizations certified under this framework are not required to use SCCs. However, the certification must be verified. Our lawyers determine which set of SCCs or other legal basis for transfer applies to your situation.
What is a transfer impact assessment and when is it mandatory?
A transfer impact assessment (TIA) is the assessment of whether the SCCs provide sufficient protection in the specific third country, taking into account the legislation and practices in that country. Following the Schrems II judgment of the Court of Justice of the EU (2020), organisations are required, for every transfer based on SCCs, to assess whether the laws of the destination country undermine the protection offered by the SCCs. If the TIA indicates that the SCCs are insufficient, additional technical and organisational measures must be taken — encryption, pseudonymisation, minimisation of transferred data. Our lawyers will prepare a TIA for you that complies with the EDPB guidelines.
How does it work at MKBjuristen?
After a brief intake, our lawyers map out the transfer scenarios, the countries involved, and the roles of the parties. Based on this, we draft the correct set of SCCs , conduct the transfer impact assessment, and advise you on additional measures if the SCCs offer insufficient protection.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.


A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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