The International Data Transfer Agreement is essential for organizations transferring personal information from South Africa to other countries, as required under Section 72 of the Protection of Personal Information Act (POPIA). This document becomes necessary when a South African organization needs to transfer personal information to foreign entities, whether they are group companies, service providers, or business partners. The agreement ensures that the transferred data receives adequate protection in the receiving country, equivalent to the protections provided under South African law. It includes detailed provisions on security measures, data subject rights, breach notification procedures, and compliance monitoring. The document is particularly crucial given South Africa's strict data protection regime and the need to demonstrate compliance with POPIA's cross-border transfer requirements.
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1. Parties: Identification of the data exporter and data importer, including their full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the data transfer
3. Definitions: Comprehensive list of defined terms used throughout the agreement, including technical and legal terminology
4. Scope and Purpose of Transfer: Detailed description of the personal information to be transferred and the specific purposes for which it will be processed
5. Obligations of Data Exporter: Responsibilities of the sending party, including ensuring legal basis for transfer and accuracy of data
6. Obligations of Data Importer: Responsibilities of the receiving party, including processing limitations, security measures, and compliance with POPIA
7. Security Measures: Technical and organizational security measures required to protect the transferred data
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights are protected
9. Sub-processing: Conditions and requirements for engaging sub-processors
10. Breach Notification: Procedures for reporting and handling data breaches
11. Audit Rights: Rights of the data exporter to audit compliance and related procedures
12. Liability and Indemnification: Allocation of liability and indemnification obligations between parties
13. Term and Termination: Duration of the agreement and circumstances for termination
14. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes
15. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Data Return and Destruction: Specific procedures for returning or destroying data, used when parties want detailed provisions beyond standard termination clauses
2. Special Categories of Personal Information: Additional provisions for sensitive personal information, required when transferring special categories of data under POPIA
3. Onward Transfers: Provisions governing transfers to third countries, needed when data may be transferred beyond the initial receiving country
4. Business Continuity: Provisions for ensuring continuous data protection during disruptions, important for critical data transfers
5. Cost Allocation: Specific provisions for allocating costs related to data protection measures, useful for complex transfer arrangements
6. Insurance Requirements: Specific insurance obligations, recommended for high-risk or high-value data transfers
1. Schedule 1 - Description of Transfer: Detailed description of the data transfer including categories of data subjects, types of personal information, and processing purposes
2. Schedule 2 - Technical Security Measures: Detailed technical and organizational security measures implemented by both parties
3. Schedule 3 - Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Impact Assessment: Assessment of the risks associated with the transfer and mitigation measures
5. Appendix A - Contact Points: List of key contacts for operational, technical, and legal matters
6. Appendix B - Standard Contractual Clauses: If applicable, incorporation of standard contractual clauses approved under POPIA
7. Appendix C - Data Processing Details: Specific details about processing activities, including duration, nature, and purpose
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