This Controller Processor Agreement is essential for organizations engaging in data processing activities within or from South Africa. It is required under the Protection of Personal Information Act (POPIA) whenever a Responsible Party (Controller) engages an Operator (Processor) to process personal information on their behalf. The agreement establishes clear responsibilities, compliance obligations, and operational requirements for both parties, covering aspects such as data security, breach notification, sub-processing, and data subject rights. It is particularly crucial for demonstrating compliance with POPIA's requirements and ensuring proper governance of data processing relationships. The document should be customized based on the specific processing activities, security requirements, and operational context while maintaining compliance with South African data protection law.
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1. Parties: Identification of the Controller (Responsible Party) and Processor (Operator) with their full legal details
2. Background: Context of the agreement and the processing relationship between the parties
3. Definitions: Definitions of key terms, including those from POPIA and additional agreement-specific terms
4. Scope and Purpose of Processing: Detailed description of the personal information to be processed and the agreed purposes
5. Duration of Processing: Term of the processing activities and agreement duration
6. Obligations of the Processor: Core processor obligations including security measures, confidentiality, and processing limitations
7. Obligations of the Controller: Controller's responsibilities including lawful instructions and compliance with POPIA
8. Sub-processing: Conditions and requirements for engaging sub-processors
9. Data Subject Rights: Procedures for handling data subject requests and assistance requirements
10. Data Security: Security measures and standards required for processing activities
11. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches
12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
13. Termination: Conditions for termination and data handling upon termination
14. General Provisions: Standard contractual terms including governing law, jurisdiction, and amendment procedures
1. Cross-border Data Transfers: Required when personal information will be transferred outside South Africa, including safeguards and compliance with POPIA's transfer requirements
2. Special Personal Information: Additional provisions required when processing special personal information as defined in POPIA
3. Children's Personal Information: Special provisions required when processing personal information of children
4. Direct Marketing: Required when processing involves direct marketing activities
5. Business Continuity: Specific provisions for ensuring continuous availability of processing services in critical operations
6. Insurance Requirements: Specific insurance obligations for high-risk processing activities
1. Description of Processing Activities: Detailed description of processing activities, categories of data subjects, types of personal information, and processing purposes
2. Technical and Organizational Security Measures: Specific security measures and controls implemented by the processor
3. Approved Sub-processors: List of approved sub-processors and their processing activities
4. Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable
5. Service Level Agreement: Performance metrics and service levels for processing activities
6. Fee Schedule: Pricing and payment terms for processing services
7. Contact Details and Escalation Procedures: Key contacts and procedures for operational and emergency communications
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