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A Data Processing Notice tells people how an organization collects, uses, and protects their personal information under POPIA (South Africa's Protection of Personal Information Act). It's a clear statement that explains your rights when companies handle your data, from basic contact details to sensitive information like health records or financial data.

The notice must spell out what information is gathered, why it's needed, how long it's kept, and who else might see it. Companies use these notices to build trust and follow the law - they help everyone understand exactly what happens to their personal details. Under POPIA, most businesses dealing with personal information need to provide this notice to their customers and employees.

Use a Data Processing Notice whenever you start collecting personal information from customers, employees, or suppliers in South Africa. Key moments include launching a new website, rolling out a customer loyalty program, setting up HR systems, or expanding your business to handle more personal data.

Under POPIA, you need this notice before collecting any personal information - not after. It's especially important when gathering sensitive details like health records, financial data, or children's information. Many organizations create their notice during POPIA compliance planning, but also update it when changing how they handle personal information or introducing new data collection methods.

• Internal Employee Data Processing Notice: Details how staff information is handled, including payroll data, performance records, and workplace monitoring
• Customer-Facing Privacy Notice: Explains data collection through websites, apps, and loyalty programs to customers and site visitors
• Supplier Data Processing Notice: Covers information sharing between business partners and vendors in supply chain operations
• Special Categories Notice: Focused on sensitive personal information like health records, biometric data, or children's information
• Direct Marketing Notice: Specifically addresses how contact details and preferences are used for promotional communications

• Information Officers: Responsible for drafting and maintaining Data Processing Notices, ensuring POPIA compliance, and updating policies when data practices change
• Legal Teams: Review and refine notices to meet regulatory requirements and protect the organization from liability
• Business Owners: Must implement these notices in their operations and ensure staff understand data protection obligations
• Data Subjects: Customers, employees, and suppliers whose personal information is collected and processed under the notice
• Information Regulator: Oversees compliance with POPIA and can request proof that proper notices are in place

• Data Inventory: Map out all personal information your organization collects, stores, and processes
• Purpose Assessment: Document why you need each type of personal information and how you use it
• Security Measures: List your safeguards for protecting personal information from unauthorized access
• Third-Party Sharing: Identify all external parties who receive or process the data
• Retention Periods: Determine how long different types of information need to be kept
• Contact Details: Include Information Officer details and how data subjects can exercise their POPIA rights

• Purpose Statement: Clear explanation of why personal information is being collected and processed
• Information Types: Detailed list of all personal information categories being collected
• Processing Details: How the information will be used, stored, and protected
• Recipients Section: Names or categories of third parties who may access the data
• Cross-Border Transfers: Details about sending information outside South Africa
• Data Subject Rights: How to access, correct, or object to data processing
• Contact Information: Details of the Information Officer and company contact points

A Data Processing Notice differs significantly from a Data Processing Agreement. While both deal with personal information handling under POPIA, they serve distinct purposes and have different legal effects.

• Legal Nature: A Data Processing Notice is an informational document explaining how data is handled, while a Data Processing Agreement is a binding contract between organizations sharing data
• Target Audience: Notices inform data subjects (customers, employees) about their rights and data usage, while agreements govern relationships between data controllers and processors
• Content Focus: Notices emphasize transparency and communication about data practices, while agreements detail specific obligations, liabilities, and technical requirements
• Timing: Notices must be provided before collecting personal information, while agreements are signed when establishing business relationships involving data processing