A Data Processing Addendum is required whenever an organization (the responsible party) engages another party (the operator) to process personal information on its behalf in South Africa. This document supplements existing service agreements to ensure compliance with the Protection of Personal Information Act (POPIA) and related data protection regulations. It defines critical aspects such as processing limitations, security requirements, breach notification procedures, and cross-border transfer mechanisms. The DPA is essential for organizations handling personal information through third-party service providers, cloud services, or other external processors, and helps demonstrate compliance with South African data protection requirements while managing risk in data processing relationships.
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1. Parties: Identification of the data controller (responsible party) and data processor (operator) with their full legal details
2. Background: Context of the existing relationship and purpose of this addendum
3. Definitions: Key terms used in the agreement, aligned with POPIA definitions
4. Scope and Purpose of Processing: Detailed description of what personal information will be processed and for what purposes
5. Obligations of the Data Processor: Core responsibilities of the processor including processing limitations, confidentiality, and security measures
6. Instructions and Authority: Clarification that processor acts only on documented instructions from the controller
7. Security Measures: Technical and organizational measures required to protect personal information
8. Sub-processing: Conditions and requirements for engaging sub-processors
9. Data Subject Rights: Processor's obligations to assist with data subject requests
10. Data Breach Notification: Procedures and timeframes for reporting security compromises
11. Audit Rights: Controller's rights to verify compliance with data protection obligations
12. Cross-border Transfers: Rules and safeguards for international transfers of personal information
13. Term and Termination: Duration of the DPA and termination provisions
14. Return or Destruction of Data: Obligations regarding personal information upon termination
15. Liability and Indemnities: Allocation of risks and responsibilities between parties
1. Specific Industry Compliance: Additional requirements for specific industries (e.g., healthcare, financial services)
2. Insurance Requirements: Specific insurance obligations for high-risk processing activities
3. Business Continuity: Detailed business continuity and disaster recovery requirements for critical processing
4. Special Categories of Data: Additional safeguards for processing sensitive personal information
5. Data Protection Impact Assessments: Requirements for DPIAs when processing poses high risks
6. Joint Controller Provisions: Additional provisions when parties act as joint controllers rather than processor/controller
1. Schedule 1: Processing Details: Detailed description of processing activities, including categories of data subjects, types of personal information, and processing purposes
2. Schedule 2: Technical and Organizational Measures: Detailed security measures and controls implemented by the processor
3. Schedule 3: Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4: Transfer Mechanisms: Details of mechanisms used for lawful cross-border transfers
5. Appendix A: Security Breach Response Plan: Detailed procedures for handling and reporting security compromises
6. Appendix B: Audit Procedures: Specific procedures and requirements for conducting compliance audits
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